TN visa expired..left employer while it is being renewed!

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einsteinNew Member
Topic author
Posts: 4
Joined: 20 Mar 2010

TN visa expired..left employer while it is being renewed!

Post Sun Apr 17, 2011 4:36 pm

Help!!

My employer applied for my TN extension - when I came in to the US I was granted only 1 year as my passport was expiring.

While I was waiting for my renewal to come through, I decided to leave my employer. My challenges are as follows:

1) What happens to my TN application and how long am I allowed to stay in the US - my employer said I can stay for 240 days..

2) Since my visa expired and my driver's license is valid to the date of the visa, DMV wont renew the lic. Here's the kicker....I bought a car that I have to get registered but I cant do so without a lic! What can be done in this instance.

3) What do I do when I have a new employer?

As you guys can see..this is a real mess! Any help / advice is welcome!
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: TN visa expired..left employer while it is being renewed!

Post Mon Apr 18, 2011 4:41 am

1. Regardless of any outstanding petition, the moment you leave your employer, you are out-of-status. The 240 days, was if you were still working for the emoployer while waiting for the approval. That doesn't apply here. You need to be leaving US.

2. You should have stayed with employer

3. Go back to border and get new TN. You should be living in Canada at the time.
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einsteinNew Member
Topic author
Posts: 4
Joined: 20 Mar 2010

Re: TN visa expired..left employer while it is being renewed

Post Wed May 04, 2011 5:06 pm

Here's a follow up to my last post..met with a lawyer who explained the following:

1) Once you quit your job your TN becomes void.
2) Harsh as it is you are now deemed "deportable". Although they wont come after you, if you have an accident or commit a crime - you're in trouble.
3) The INS does understand that it requires a person "reasonable" amount of time to get their matters sorted out.
4) So, I got copies of everything that proved my rent, car titles etc and flew back to Canada.
5) At immigration I explained to the officer that I wanted to surrender my I-94 and go back to pack and return.

No hassles at all, granted a B2 for six months.

Now here is the truth - I see a lot of posts on bans etc...if you are without legal status (expired visa) in the US for 3 months you get a ban for 3 years, for 365 days you get banned for 10 years...That's right, cant cross the border to buy gas!!

Although it is a pain in the you-know-what, by surrendering your TN your record stays clean in the event you want to apply for a TN in the future..

Hope this helps other poor souls and save you a few $$ in legal fees!!
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