My TN visa expired but my I 94 departure date has not expired. I haven’t worked since the TN expired a month ago and my employer wants me to reapply for another TN to start working again. I am going back to Mexico to reapply. Is it a problem that I stayed past my visa expiration though my 1 94 was still valid?
Tn expired
- Thread starter Stroy
- Start date
I got extended my TN last year through USICS and they sent us the approval notice which has an expiration date of Jan 30/2021 however, the attached I-94s having Feb 8/2021 as expiration date. I am not sure, but, whatever is there on the approval notice (Jan 30/2021) is full 3 years term.
You are a Mexican citizen who got a TN visa, and you are saying that the visa is expired? That's perfectly fine. A US visa is solely for entry and the visa's expiration date just means the last date you can use that visa to enter. It is normal to stay in the US months or years after the visa expired if you have a valid I-94 and you remain in status.
What does it mean to remain “in status”?
I applied for a 3 year TN visa but the only gave me a visa for 1 year, but they provided a I 94 that doesn’t expire for 3 years. I don’t know why.
For example, your I-94 hasn't expired, you have to remain working for the employer you got TN for, and if you stop working you remain in status for 60 days after stopping work, unless your I-94 expires sooner. You cannot work outside TN. Other statuses have other conditions.
The validity of TN visas for Mexican citizens is 1 year according to the State Department's reciprocity tables (select Mexico on the left, press the down arrow next to visa classifications, and look for TN). That is normal and expected. Again, the visa validity has nothing to do with the amount of time you can stay in the US. It is normal for one to be admitted for months or years beyond the visa's expiration. TN are normally admitted for 3 years from the initial admission (see 8 CFR 214.6(e)), no matter if you are a Canadian or Mexican citizen (unless your passport expires sooner). So everything about your situation is normal.
SusieQQQ
Well-Known Member
newacct gave you a specific answer for your case.
In general, "in status" means your i94 hasn't expired and you are adhering to the conditions of the visa under which you were admitted.
nelsona
Registered Users (C)
Your I-94 is good until Feb 2021, and you can continue to work until then. Your TN visa (which is issued at a consulate, is only use for entry into US, and since you have an approved I-129 TN until 2021, your old consular visa is automatically valid for re-entry.
You have nothing to do, and should still be working. So the only problem you have is that your employer doesn't think you are still legal, but you are and you need to explain this to them -- quickly, otherwise you are considered no longer fulfilling your TN obligations and need to leave.
You have nothing to do, and should still be working. So the only problem you have is that your employer doesn't think you are still legal, but you are and you need to explain this to them -- quickly, otherwise you are considered no longer fulfilling your TN obligations and need to leave.
You don't need a visa if you don't leave the US. You can also re-enter the US with an expired visa using "automatic revalidation" after a trip of less than 30 days to only Canada or Mexico if your previous I-94 is unexpired. If you go for longer or to other countries, then you will need to get a visa before you can return to the US.
aircraft24
New Member
Hi Nelsona,
If I initially got my TN Satus for 3 years but my TN Visa stamp for 1 year (expired), could I apply for Auto Visa Re validation?
I have an i-94 valid until 2022, but it wasn't an USCIS extension (i-129) I got it when I entered the US at CBP.
Thanks!
L
If I initially got my TN Satus for 3 years but my TN Visa stamp for 1 year (expired), could I apply for Auto Visa Re validation?
I have an i-94 valid until 2022, but it wasn't an USCIS extension (i-129) I got it when I entered the US at CBP.
Thanks!
L