Layoff and Rehire - TN

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Serendipiteit

New Member
Hi,

I am a Canadian who is currently admitted into US under TN that expires in about two week's time. My previous job ended abruptly on June, and because there were lots of personal matters I had to work on, and since my I-94 wouldn't expire until September, I stayed in the US, also stupidly not knowing that TN is employment-binding and that I'd need to leave immediately upon being laid off.

I was able to get a job from same institution that I worked for before (so same employer, just different department), so I was planning on returning to the border to 'renew' my TN status once I have the former letter of employment, in about two week's time. But after reading what are posted online now I am afraid that once I return to border, CBP may ban me from US forever.

Is there anything I should/can do right now?

Thank you so much.
 
Not much you can do, but try to get new TN when ready. The fact that you will leave US to get the TN and that you still have "time" on your I-94 means that you will not accumulate illegal presence, so you cannot face an "automatic" ban.
Just go to border an get new TN, giving them your old I-94, and just answer their questions honestly.
 
nelsona said:
Not much you can do, but try to get new TN when ready. The fact that you will leave US to get the TN and that you still have "time" on your I-94 means that you will not accumulate illegal presence, so you cannot face an "automatic" ban.
Just go to border an get new TN, giving them your old I-94, and just answer their questions honestly.
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Thank you so much, nelsona. What you said, that I won't face an automatic ban to US, is a huge relief. Here are some additional questions, if you don't mind answering them for me.

- In spur of panic I was considering leaving US this weekend, return I-94, re-enter as a visitor status and stay until I'm ready to work in my new job. Would you not recommend this?
- When I apply for my new TN... will the CBP 'know' my status? That I've been laid off for past two months, and that I'd been staying in US without a job? If they ask me about this, would honest "I didn't know" be enough to persuade them?

Thank you!
 
Do NOT leave without a TN offer in your hand, unless you have decided that you are going to move back to canada permanently.
They won't let you in as a visitor since you don't live in canada and have just spent a long period of time in US on TN. This would be the case even if you lost your job yesterday.

As I said, answer their questions honestly. If they decide that you should have left and did not, they will most likley scold you, but I doubt that they will deny you entry. Your I-94 expiry date cofused you. But, you really have no other option at this point: you did not take the proper action when you lost your job, of immediately filing for a change of status to B2 while staying in US. I hope you have not made other border crossings since after losing your job.
 
Thank you so much for your answer, nelsona. I did return to Canada once in July for about seven days without knowing this. Do you think this will hurt my chance?
 
It could. You made a false entry. while you may not have known what losing your job meant to your I-94, you certainly knew when you crossed the border that you were no longer working at your TN job. By showing the I-94, you were lying.
 
Thank you very much for your advice, nelsona. I'll be visiting next week and will try to go with "stay silent if not asked - but answer honestly if questioned" attitude. You were a tremendous help, thank you!
 
nelsona said:
Do NOT leave without a TN offer in your hand, unless you have decided that you are going to move back to canada permanently.
They won't let you in as a visitor since you don't live in canada and have just spent a long period of time in US on TN. This would be the case even if you lost your job yesterday.
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Nelsona, sorry for late question on this. I didn't catch this at first, but I do have a residential address in Canada - where my parents live. That address appears on my other Canadian documentations (ie. Driver's license, etc) as well. Would this still be the case?

nelsona said:
Let us know how it went....
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Most certainly will!
 
This in NOT your place of residence. You should have gotten a local DL within a month after moving. CBP knows this.
 
nelsona said:
This in NOT your place of residence. You should have gotten a local DL within a month after moving. CBP knows this.
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I should've gotten local American DL after moving even though I had no intention to drive?! And by saying that CBP knows this, do you mean that CBP knows that my residential address in Canada is not actually my place of residence, and will reject my attempt to re-enter US as a visitor nonetheless?
In any case, I'll follow your previous advice and will stay until I have a TN offer in my hand. Thank you!
 
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Yes, they know that someone living in US on TN for any length of time is no longer keeping a bona fide residence in canada. As to your DL, no, you did not have to get one in US if you are not driving (no need to get smart -- you know the minute details of your own life , not me), but your provincial one is no longer valid since you (a) do not live in that province, and (b) did not inform them of your change of address.

btw, the kind of attitude that your last post demonstrated is exactly the opposite one you wnat to show when crossing the border.
 
nelsona said:
Yes, they know that someone living in US on TN for any length of time is no longer keeping a bona fide residence in canada. As to your DL, no, you did not have to get one in US if you are not driving (no need to get smart -- you know the minute details of your own life , not me), but your provincial one is no longer valid since you (a) do not live in that province, and (b) did not inform them of your change of address.

btw, the kind of attitude that your last post demonstrated is exactly the opposite one you wnat to show when crossing the border.
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Sorry, nelsona. I wasn't trying to get smart - I don't have much experience in border or matters like this (clueless actually) and I was genuinely surprised when I read your post; I thought I should've gotten American DL, as a form of my identification or something, assuming that that's what CBP expects. It's definitely not the attitude I want to demonstrate, and I'll make sure not to be seen like one. Sorry, and thanks!
 
Just an update for anyone in similar situation. I got my TN without a problem at the Peace Bridge POE. No questions were asked. They did have a small suspicion regarding my diploma: It's written in Latin, and that since it's in language they couldn't understand, I could've easily forged it. I was awestruck, but I am not sure if they were sincere about it. Waited a bit more and they gave my TN.

Thanks a lot to nelsona for valuable tips, and Good luck to everyone else!
 
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