Expired I-94, TN extension petition filed, leave US?

K

kckc

New Member
Hi,

My case is slightly complicated:

- I am working in the US on a TN visa. On entering the US, my I-94 expiration was given as my passport's expiration (Jan 2010), when my TN is valid for until 2012.

- At the end of 2009, I started the process of renewing my passport, but didn't get it done on time before my I-94 expired. So my company filed a TN extension petition. They assured me that so long as the petition is filed before the expiration of my I-94 (and it was), I will be OK. However, I was told that I must stay in the US until I receive my new I-94.

- It will take about 3 months (!) to receive my new I-94.

- FYI, my company sent me a copy of what they filed -- it is an I-797C, Notice of Action, with case type I129 (Petition for a Nonimmigrant Worker).

- In the meantime, a company from Canada has recently given me an attractive proposal. But to work for them, I would have to go back to Canada.

So my question is:

- If I leave the US and return to Canada without waiting to receive my I-94, would border officials consider me to be have been unlawfully present in the US? If so, let's say I leave within 100 days of my I-94's expiration. Will it affect my ability to visit the US in the future?

Thanks in advance!
 
You only need to stay in US if you don't want to get a new TN at the border. The mailed petition has merely serve to keep you in status (you are considered in legal TN-pending status). You are free to leave. But if you do, and then want to continue working for your TN petitioner, you will need to get a new TN at border -- full documentation and $50, and then cancel the mail-in petition.

Technically, although your TN *should* have been valid for 3 full years, the fact they only granted you a lesser time on your initial I-94, your TN was issued for that time only.
 
Thanks for your reply! My question is actually regarding the scenario where I accept a job with different employer in Canada. In that case, if I were to leave the US in TN-pending status, would that affect my ability to return to the US in the future (assuming that I am considered to be an unlawful resident because my I-94 is expired)?

Thanks!
 
kckc said:
if I were to leave the US in TN-pending status, would that affect my ability to return to the US in the future (assuming that I am considered to be an unlawful resident because my I-94 is expired)?
Click to expand...

No, it should not. I'd keep a copy of the I-129 and proof of your date of departure, just in case.
 
As ialready answered, you are considered in legal TN-pending state while remaining in US, so you are not in an illegal status.
 
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