How long can you stay out of job on TN?

P

preet4575

Registered Users (C)
Hello All,

I have a 3 year TN till march 2016 but my current company has given me 2 week notice as they are outsourcing the IT work. My wife is currently working here on H1 visa
I will try to find another job for my self and move to another TN with a new employer. But if that does not happen I will switch back to H4. How long do I have to stay on TN without job? Is it 30 days?

Please advice

Thanks!!
 
Given that your I-94 doesn't expire, you are not in dire situation, since you are out-of-status (from day 1, no grace period), but not accumulating unlawful presence. I wouldn't stretch this out though.
So, given that you are in no real crunch to maintain status,
you have the following options, assuming you don't get a job in next 2 weeks:
1. If you haven't' found a job in next 2 weeks, file for H4 on your last day of work (I-539).
OR
2. If you don't file I-539, and haven't found a job in the subsequent couple of weeks, head to the border for H4.
In either case, if you find a new TN job, you just go to the border.
The advantage of #1, is that if you don't find a job, you have maintained status, and don't have to go to border at all.

If you are confident, I would choose #2, delaying getting H4 in the hopes of getting TN quickly and not having to bother about H4.
If you are not confident, I would choose #1, which gets you H4 from the comfort of your easy chair,while your wife supports you!!
 
Thanks for the reply Nelsona! I am heading to BC in next 2 weeks via road. I will switch back to H4 coming back to US on border. But I was wondering how long does one have to stay on TN if one loses job and TN/I94 is valid till 03/2016
 
I answered that. You get no official grace period for TN status, unlike h1, 10 days, some others 30 days. But because you have not been told offcially to leave US (that is what the expiry date of your I-94 means), you are not accumulating unlawful days.
It is the accumulation of unlawful days which is extremely harmfuland can incur leagl bar. However being out of status is left at the discretion of the officer.
 
You must log in or register to reply here.
Top