2 I-94s (TN) - One is expired, one isn't

[janie]

Hello!

I have a rather complicated question that I'm hoping someone might be able to answer. I have not been able to find suitable answers in the forum.

I currently have TN authorization for 2 employers. One I-94 expired in May, 2009. The other expires in December, 2009. I am currently in the U.S. Am I considered an "overstay" because of my expired I-94 (which I have not turned in because I have not been to a border/left the country)? What, if anything, should I do about this situation? I will be flying to Canada tomorrow.

Also, I am currently waiting for H1B approval (from a different employer than those for my TNs). What happens if I leave the country? Is my application considered "abandoned"?

Thank you in advance for your wise thoughts.

Janie

[CalGreenCard]

I currently have TN authorization for 2 employers. One I-94 expired in May, 2009. The other expires in December, 2009. I am currently in the U.S. Am I considered an "overstay" because of my expired I-94 (which I have not turned in because I have not been to a border/left the country)? What, if anything, should I do about this situation? I will be flying to Canada tomorrow.

Also, I am currently waiting for H1B approval (from a different employer than those for my TNs). What happens if I leave the country? Is my application considered "abandoned"?

Just turn in the expired I-94 when you leave for Canada (after making photocopies for your records). It shouldn't be an issue as the Dec 2009 I-94 is your authorization to remain in the country.

AFAIK the H-1B application remains valid while you are outside the country but I'm not 100% sure on that.

[Reba]

If one TN has expired, but the other is still current, and you are still working for that employer, then you're fine.

If however you are no longer working for either employer that sponsored either TN, then yes, you would be considered over-staying. You are required by law to leave the country "within a reasonable amount of time" (usually considered to be 10 days) after either your TN expires, or your employment ceases due to termination or you quit.

[lawsrlaws]

Are you still working for the Employer that is on the expired I-94?

[Steven]

The status has expired for the employer who sponsored you for the job you had the expired I-94 for. So you must surrender that one and re-apply, either at a POE or get them to file an I-129 (when you're in the US), assuming you're still working for them.

With the H-1B it depends what they've put on the I-129, are they applying for change of status from TN-1? I'm not sure it really matters that much to be honest, because you can re-enter on the TN-1 which is still valid. Your problem is the one that's expired.

[lawsrlaws]

If your still working for the company with the expired I-94, then you are working without authorization, and there will be a problem.