H1B to TD due to loss of job

S

Silencewind

New Member
Hi Folks,

I am currently on H1B and my wife if on TN (We are both Canadian living in the US - and we have not yet start green card process). There is a possibility that I may be layoff in coming months. My plan is to switch to TD while I am searching for the new Jobs in the USA. My questions are:

1. What is the safest way to apply TD status once my current Job is gone? My understanding is there are a couple options: applying via mail to USCIS, applying via airport (I assume I will have to travel to Canada and back to US to apply), applying in US Border office? (not sure about this)
2. When is the time I have to apply the switch? (on the day that the job is gone or do I have 60 days grace period from H1B?)
3. If I apply via mail to USCIS, does my wife need to accompany me?
4. If apply via mail, is it better to hire a immigration lawyer for the application or can I submit the form by myself?
5. In my situation, is switching to B1/B2 also an option (so I can stay with my family in US while searching new jobs)?
6. With TD status, will I have limitations to travel alone outside the USA and then come back (or do my wife always has to accompany me)?

I would greatly appreciate any advises from you.

Thanks,
 
1. Not sure about "safest", but since you are a Canadian citizen, leaving the US and re-entering (whether by land or air) would be the cheapest, since I-539 for Change of Status costs $370.
2. You remain in H1b status until 60 days after you leave your job, or when your I-94 expires, whichever is first. USCIS needs to receive your I-539 before your status ends.
3. No, but you need to attach a copy of your marriage certificate and a copy of her I-94 to show that she is in TN status.
4. You can submit it yourself
5. Sure, but isn't TD strictly better than B2?
6. There are no limitations. Your wife does not need to accompany you, but you need to show that she is in the US in TN status.
 
newacct said:
1. Not sure about "safest", but since you are a Canadian citizen, leaving the US and re-entering (whether by land or air) would be the cheapest, since I-539 for Change of Status costs $370.
2. You remain in H1b status until 60 days after you leave your job, or when your I-94 expires, whichever is first. USCIS needs to receive your I-539 before your status ends.
3. No, but you need to attach a copy of your marriage certificate and a copy of her I-94 to show that she is in TN status.
4. You can submit it yourself
5. Sure, but isn't TD strictly better than B2?
6. There are no limitations. Your wife does not need to accompany you, but you need to show that she is in the US in TN status.
Click to expand...

Thank you very much @newacct for prompt and informative answers! Really appreciated.

On the #2 grace period, will I still get 60 days if this is a voluntary resignation. i.e. resign (instead of being "terminated")? or will I be "out of status" immediately after leaving the job?

On #6, does it mean when I travel back to US while in TD, I need always carry a copy of my wife's TN and I94?
 
5. Unless you have a residence outside US, you aren' qualified for B2 entry. so simply get TD.

6. Once you have TD, there is no need to continually show marriage tie, nor is your spouse required to be in US for you to enter on TD.
 
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