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TN visa job lay off and overstay for two months

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  • TN visa job lay off and overstay for two months

    Hello I am TN Visa worker and my i-94 expires on November 30,2016. but my job was laid off on April 29,2016..So i think i overstayed for 50 days which I did not know and now I am on the verge of getting new job. Can I apply for another TN visa or apply for B1 visa based on my situation?

    Please advice.

    Thanks,
    Andrew

  • #2
    Recently I received my TN and I was told that I should leave US immediately within 10 of termination (including layoff) of my current employment and then go back to US to claim my belongings. However, they don't enforce it.

    I think you should be fine as long as when you return the border with new offer letter.

    Thanks
    Sena

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    • #3
      TN visa job lay off and overstay for two months

      "They don't enforce it" ???? So you don't have to do the right thing unless someone makes you.

      This is my opinion and not legal advice. Use of this information is to be used strictly at your own risk.

      Trinity71

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      • #4
        Originally posted by Trinity71 View Post
        "They don't enforce it" ???? So you don't have to do the right thing unless someone makes you.

        This is my opinion and not legal advice. Use of this information is to be used strictly at your own risk.

        Trinity71
        Speaking from someone's experience that I know.
        #1 You overstayed and that is wrong on your part!. Your travel information is shared and made available to the officers nowadays (dont want to elaborate on how etc.)
        So when you come back with new offer letter and IF asked "when did you leave previous job and returned to Canada "? You should have precise answers. Lying or hiding will get you flagged - there are no two views about this.

        So if you run into a situation like this, your best option is to be truthful and hoping that you didn't work in your overstay you might have a good chance for new TN approval.

        Yes, The person I knew , got flagged for the same reason as yours and making up bogus dates of travel !

        Comment

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