When does employment authorization expire if stamp/I-94 dates are longer than in job offer letter?

[Bodracir]

I hope someone can help me clarify this. My job offer letter expires on September 30, 2013, but both my visa stamp and I-94 have longer expiration dates. The stamp expires on May 22, 2014 and the I-94 says "Until May 24, 2014". (There is, however, an "Annotation" in the stamp with my employer's name, the city where I live, and the dates May 23, 2013 - September 30, 2014.)

I have two questions:

1. My employer just asked me to fill out an updated I-9 Form, which includes a field for "Date employment authorization expires", which date should I enter here?

2. In the next couple of months I will probably get an offer to extend my position for another 2 or 3 years, with the same employer. Given the expiration dates above, will I have to travel to a US Consulate in Mexico again before September 30, or can I wait until May of 2014?

Thanks!

 

[CalGreenCard]

I hope someone can help me clarify this. My job offer letter expires on September 30, 2013, but both my visa stamp and I-94 have longer expiration dates. The stamp expires on May 22, 2014 and the I-94 says "Until May 24, 2014". (There is, however, an "Annotation" in the stamp with my employer's name, the city where I live, and the dates May 23, 2013 - September 30, 2014.)

If I may clarify, are you sure you didn't mean Sept 30, 2013 for the end date of the annotation? The date of Sept 30, 2014 seems not to have any relevance at all to your case so I assume that is a typo--I'm trying to figure out if the typo is yours or the State dept's .

1. My employer just asked me to fill out an updated I-9 Form, which includes a field for "Date employment authorization expires", which date should I enter here?

Your I-94 is your employment authorization. You should put 5/24/2014 on the I-9 form.

2. In the next couple of months I will probably get an offer to extend my position for another 2 or 3 years, with the same employer. Given the expiration dates above, will I have to travel to a US Consulate in Mexico again before September 30, or can I wait until May of 2014?

You can extend your TN status in the US by mail without travelling to Mexico at all--in 2013, 2014, or beyond.

However if you wish to take a trip outside the US for other, nonrelated, reasons, then you'll need a new TN visa stamp if you want to re-enter the US after 5/22/2014.

 

[Bodracir]

You are correct!

Yes, you are right, the Annotation says Sep 30, 2013, the typo was mine!

Thanks for your response. Just one more clarification. If I get a job offer letter from my employer for another, say, 2 years, do I need to do anything before Sep 30, 2013? (Or can I just keep working for them.)

I do travel to Mexico a couple of times a year, so I have not yet renewed the TN visa by mail because I can drive to Tijuana in 3 hours. If I understand correctly, I can keep leaving/entering the US until May 24, 2014, regardless of what the annotation says?

Thanks again!

If I may clarify, are you sure you didn't mean Sept 30, 2013 for the end date of the annotation? The date of Sept 30, 2014 seems not to have any relevance at all to your case so I assume that is a typo--I'm trying to figure out if the typo is yours or the State dept's .



Your I-94 is your employment authorization. You should put 5/24/2014 on the I-9 form.



You can extend your TN status in the US by mail without travelling to Mexico at all--in 2013, 2014, or beyond.

However if you wish to take a trip outside the US for other, nonrelated, reasons, then you'll need a new TN visa stamp if you want to re-enter the US after 5/22/2014.

 

[CalGreenCard]

Thanks for your response. Just one more clarification. If I get a job offer letter from my employer for another, say, 2 years, do I need to do anything before Sep 30, 2013? (Or can I just keep working for them.)

You can keep working for them until your current TN status expires on 5/24/2014. In fact you might have difficulty renewing this far in advance actually--you might need to wait until the last six months before it expires on 5/24/2014.

I do travel to Mexico a couple of times a year, so I have not yet renewed the TN visa by mail because I can drive to Tijuana in 3 hours. If I understand correctly, I can keep leaving/entering the US until May 24, 2014, regardless of what the annotation says?

You shouldn't need a new consulate visa prior to 5/22/2014. However, if you travel outside the US after 9/30/2013 but before 5/22/2014, I'd recommend bringing along your new offer letter as well as proof of continuing employment (eg recent paystubs). Whenever you re-enter, the CBP has the authority to re-examine your entire package. If the only letter you have shows employment expiring on 9/30/2013, that would be a problem if the CBP decides to scrutinize things to that level--and given the annotation they might.

But--again--I'm referring to re-entry at the border here. The actual consulate visa is good until 5/22/2014 and you won't need a new one until after that date.

 

[Bodracir]

Thank you!

Your responses were extremely helpful. Thank you so much!

You can keep working for them until your current TN status expires on 5/24/2014. In fact you might have difficulty renewing this far in advance actually--you might need to wait until the last six months before it expires on 5/24/2014.



You shouldn't need a new consulate visa prior to 5/22/2014. However, if you travel outside the US after 9/30/2013 but before 5/22/2014, I'd recommend bringing along your new offer letter as well as proof of continuing employment (eg recent paystubs). Whenever you re-enter, the CBP has the authority to re-examine your entire package. If the only letter you have shows employment expiring on 9/30/2013, that would be a problem if the CBP decides to scrutinize things to that level--and given the annotation they might.

But--again--I'm referring to re-entry at the border here. The actual consulate visa is good until 5/22/2014 and you won't need a new one until after that date.

 

[nelsona]

Because the TN time granted was shorter than the 3 year maximum allowed by law, you are safe to work until May 2014 9and enter US on that status with your current visa).

This was an error in your favour, but not an illegal error. For example, if they had stated a 2018 expiry, this could not be ignored, and one would need to get this remedied immediately.

Another eason why one should not put dates on one's TN letter.