Please Help!! Surrendering work visa/ 1-94 Q/help

[sj1]

Hi,
I’m a Canadian citizen holding H1b and living in the US. My I-94 card attached to the passport has an expiry date of 2011.
I was laid-off in March’09 with 5 weeks severance pay.but my ex-employer kept saying/ was intending to hire me back as they're expecting to sign a new project.

It was too late when I realized I have over stayed here for 2 months.
I will be going back/driving to Canada this week.

Meantime, my ex-employer's attorney has confirmed to me that even though they've sent a notification to Immigation authorities about terminating my h1b as required by law, my status with US immigration is still showing as valid and NOT showing as terminated.

I'm actively doing job search to secure a new employment and
I’m intending to return, apply for a TN visa in a week or ten days with a new employment offer.

My biggest dilemma now is - how to surrender the I-94 without getting into any legal trouble?

1. When and to who I surrender the I-94, to the Canadian customs while crossing the boarder? Or
2. Is it wise to go to US Immigration office in Canada or to customs office at the boarder later and hand over the I-94 later
Either way what to say when they question my date of my return to Canada or when I lost the job? Isn't this info is important for them, to track my date of return in their system?
I'm extreemly concerned that they'll flag me and bar me from entering US in the future Or decline my TN visa application (as I will be going to the boarder crossing soon to apply for TN visa)

3. What is the best way to handle this situation( how to surrender the I-94 card) without getting into any legal problem?

I have been living in the US for the last 6 years (TN and H1b) and filing tax returns in the US, I don’t have a home in Canada. I have to stay in a hotel when I return to Canada or rent a place. I’m still keeping my rental apartment here in the US.

I very much appreciate your help and suggestions in this regard.

Thanks in advance
sj

[Steven]

If they've notified USCIS of the termination you're out-of-status and must leave immediately. Simple as that really. You surrender the I-94 to CBSA when you leave.

The I-94 isn't the problem, the problem is that your job has ended and you haven't left. How your lawyer knows what is in the USCIS system I have no idea, sounds like nonsense to me. They either have notified USCIS or they haven't and legally they're required to.

It's impossible to say whether you're going to have a problem when you re-enter for a TN-1, it's entirely at the discretion of CBP. But obviously the longer you stay out-of-status the bigger a problem you will have, and if you overstay more than six months you face a ban. There was someone on here a few weeks ago in basically the same situation and he was banned because he overstayed more than six months.

[sj1]

Thanks very much for the info.

I don't know if my ex-employer has notified the USCIS or not.

I left US, went back to Canada, have surrendered the I-94.

Again thanks for your help
sj

[CanadianRN]

What do you mean by surrendering the I-94? How would immigration be able to tell that you had stayed past your d/s? Have you had luck with the tn? I hope that everything is okay!

[agnelson]

RN,

when you leave US "for good" you hand back your I-94 card to Cdn border officer. they in turn give this to DHS, along with the date. That is how they know you left in time.

[Steven]

CBP or INS told me this awhile ago - remember to fill in the departure record on the back of the I-94 when you finally leave and surrender it. Hardly anyone does. CBSA sometimes do it but they can forget, or the airline is supposed to but they also forget. This can prevent future confusion.

[MC]

Yes, there is a good blog describing this by Brian Zuccaro:

Forgot to Surrender Your I-94? Mail it in!