View Full Version : I-94 Employment gap - out of status?

06-23-2012, 04:26 PM
March 2011. I was admitted to the US on a I-94 as a professional worker from Canada under NAFTA. Border officer grants me a year long I-94 - even if I told him that I'm only here for 5-6 months for a seasonal job. Come the end of my contract August 2011. I stay. My visa is still good - will not expire until March 2012. I'm I out of status then? If so, does that mean I"m illegally present in the US?

I'm repeating the same scenario in 2012 and I'm filling application form I-130 (I'm married to a US women since January 2012) If I'm out of status comes August 2012, could this be ground for rejection of my I-130 application.

Also, I filed forms I-130 and G-325 but haven't sent them yet. I was advised by the US consulate in Montreal to not file a I-485 concurrently since I'm currently on a TN/I-94 until March 2013. I was told that I would have to go for an interview in Montreal so that I would be proving to them that I really had no intention in staying in the US while getting my last TN/I-94. Is this a safe path to take? How scrutinized is form G-325?

Thank you,


06-23-2012, 10:46 PM
If you have stayed beyond the date specified on the I-94, you stay has been illegal. Please make sure you depart immediately so that you don't accrue any more of overstay.

06-24-2012, 09:57 AM
Thanks for your reply sunny1000.

As I stated clearly I never overstayed. What I"m preoccupied with is to find out if I fall out of status once I"m laid off. My I-94 is still good for 6 months but I"m laid off. Do I incur illegal stay in the US or not. Will it affect my application I-130?