TN expiration and last date of employment

M

mapleleaf15

Registered Users (C)
Hey everybody

I have a TN Visa which expires May 16 and this is my first TN. I am planning to go back to Canada and was thinking of having my last day of work be May 9 and then driving home (which will take a few days) so I can take my car back with me.

My questions are:

1) If, for example, my last day of work is May 9, does that I have to be out of the country by that day? Or do I still have until May 16 to be present in the US?

2) If I work until May 16 and then travel back, would I be considered to be here illegally? Do I have a certain amount of days after?

3) Does customs/immigration really know when my last day of employment is when I cross back across the border?

I have had one lawyer tell me I'd have to be out of the country by midnight the night of May 9 and another lawyer tell me that a few days wouldnt matter.

Applying for B2 status for a few days probably isnt an option. I am trying to figure out how to best handle the situation. Any help would be greatly appreciated!
 
You definatly can't be working once your TN expires or you are working illegally.

I'd probably be trying to get your new TN sooner. Have you looked at trying to get a mail in TN?

If you do the mail in you will be able to continue working up to a certain time once your TN expires, you just can't work in the way you described it.

As for the other points on the B2 for a couple of days, I've heard, like your lawyers, so many mixed things. I think the general 10 days grace after your TN expires is a myth and the official is once your TN expires you are out of status and do need a B2 to remain. Not 100% sure about this though and not sure they will question you on that unless you fly to Canada and they look at your itenary and notice you didn't fly out until 7-8 days after your TN expired and then question you about that...
 
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You are out of status the day after you stop working. However to be out of status is not that serious, particularly if one has an I-94 with a future expiry date. Illegal days would only be accruing after the I-94 expiry.

In any event, be sure to hand the I-94 to the Cdn border officer when you cross. This will provide future proof that you left in a timely manner.
 
Thank you for the replies...but just to be clear in response to the first reply...I am not renewing my TN after it expires and am not looking for employment in the US because I am moving back to Canada.

Thanks!
 
mapleleaf15 said:
Thank you for the replies...but just to be clear in response to the first reply...I am not renewing my TN after it expires and am not looking for employment in the US because I am moving back to Canada.

Thanks!
Click to expand...

So my answer is for you.
 
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