Laid off - change TN/TD status to B2

C

CDN9

Member
I got laid off on Jan/10 and 60-day grace period will end on Mar/08. I have a home and other affairs to wrap up, If I get a job and switch to the new TN within the 60-days grace period, its well and good. I am thinking, if I am not able to wrap up in the grace period, thinking of filing for change of status to B2 inside the US (through USCIS I-539 route).

I am planning to file it online on March 6th - and request for change of status to B2 for 6 months (early September)

If I secure a job after my 60-day grace period end or after I file for B2 and while its in process - does all of our family needs to exit US and apply for TN / TD at the border? or I can exit out of US and get the new TN and then apply for family TDs inside by filing I539 with USCIS? Myself and our daughter are Canadian however spouse is non-Canadian. If she exits US to get new TD at the border, she will need a TD Visa stamp on her passport (her current visa stamp expired 2 years back, new visa stamping at consulates are around 1 year), hence, I am thinking If I can go alone and get the new TN and then apply for TDs for rest of the family within USA. Will this work?

Also, after the 60-day grace period ends, can our daughter attend school (she is in 4th Gr - Elementary)? as she is pending change of status from TD to B2?

Appreciate if anyone have experience with this situation can throw some light

thanks
 
nelsona said:
They can apply for TD once you get your border TN, without going to the border. They would be in B2-pending, so would be allowed to file I-539, just as you would be allowed to file I-129 to get your TN.

As to school while on B2, US regs "forbid" enrolling in school on B2.

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thanks nelsona!

When we are filing for their TD status within US, since there is an existing B2 status change application is in progress, do we need to withdraw it or just send a new I539 requesting for TD status based on my new TN? since kid is Canadian, I will accompany her to border so that she will get her TD along with my new TN (this will help get her TD faster so that she can attend school).

since we are in 60-day grace period, I will continue sending her to school till end of it, say till March 6th. At that point, we will discuss with the school and withdraw her. Once her TD status is up and running, we will reenroll her.

our other two kids are US citizens - thankfully, they can continue going to school without interruption.
 
nelsona said:
You should always withdraw pending petitions that are no longer needed.
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But it is needed if they are doing it after the grace period, right? Because COS can only be filed while in status, and the time the 2nd COS (COS to TD) is filed would only be in status if the first COS (COS to B2) was approved (which would grant status in the period after the grace period ends. Thus, the COS to TD would depend on the COS to B2 being approved.
 
newacct said:
But it is needed if they are doing it after the grace period, right? Because COS can only be filed while in status, and the time the 2nd COS (COS to TD) is filed would only be in status if the first COS (COS to B2) was approved (which would grant status in the period after the grace period ends. Thus, the COS to TD would depend on the COS to B2 being approved.
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I am also thinking in this scenario. I will file a COS from TN/TD to B2 nearing end of 60-day grace period. Example I got a new job and go to border and get TN/TD after the grace period is over (for example 90 days). Come back to US and withdraw B2 COS with USCIS, what will happen to the days between the end of grace period to the new TN/TD status starting date? will the authorized stay within the timely filing the COS stay there for the gap period of it goes away? if it goes away, then, we will out of status for those days?
 
To answer your this last post: Once you get TN at the border, you ARE in TN status. Border doesn't issue I-94s with a future effective date. There is no need to withdraw them the instant you get TN approval. Same if your daughter goes to the border and gets her new TD. So you would then withdraw any pending B2 for you and her, as you now have status (and you both abandoned the I-539 in any event, but best be safe). It won't matter that your were out-of-"lawful status", because you were in "authorized period of stay" due to the timely filed I-539.

For your spouse however, she would actually need to file an I-539 for TD, but, as newacct indicated, she needs to keep the B2 I-539 alive until it is approved, so that legal status can be back-dated to the original I-539, before the 2nd I-539 (for TD) can then be approved,

Given the very long approval times for I-539, it would be best at that point, for her to simply travel out-of-country when convenient, get a new visa, and enter on a new TD status. So it may not even be worth filing the second I-539 for her, since B2-pending or TN-pending is hardly different for a spouse. This would protect her from a bureaucratic denial of the B2 (and this the TD) many, many months down the road.

See:
www.santoslloydlaw.com

What Happens when an Applicant Files an Extension of Status and Subsequent Applications?

Santos Lloyd Law Firm, P.C., is a boutique immigration law firm with offices in Newport Beach, Beverly Hills and San Diego. We represent clients from around the world by offering customized immigration solutions for individuals and companies.
www.santoslloydlaw.com www.santoslloydlaw.com

An applicant may file an additional application after expiration of his or her nonimmigrant status while the applicant’s timely-filed EOS or COS application is pending. In such cases, the officer should defer adjudication of the additional application until USCIS adjudicates the EOS or COS application. If USCIS ultimately approves the EOS or COS application, then the applicant is considered to be in lawful immigration status on the date the additional application is filed. If USCIS denies the EOS or COS application, then the applicant is generally considered to be in unlawful immigration status as of the expiration of the applicant’s current nonimmigrant status and likewise on the date the adjustment application is filed.

Basically, USCIS will adjudicate the extension application first, and hold off on adjudicating the subsequent applications, as they were not “timely filed”. It won’t be until a decision on the extension application is made, that USCIS will determine if it can move forward with adjudicating the subsequent applications.
 
nelsona said:
To answer your this last post: Once you get TN at the border, you ARE in TN status. Border doesn't issue I-94s with a future effective date. There is no need to withdraw them the instant you get TN approval. Same if your daughter goes to the border and gets her new TD. So you would then withdraw any pending B2 for you and her, as you now have status (and you both abandoned the I-539 in any event, but best be safe). It won't matter that your were out-of-"lawful status", because you were in "authorized period of stay" due to the timely filed I-539.

For your spouse however, she would actually need to file an I-539 for TD, but, as newacct indicated, she needs to keep the B2 I-539 alive until it is approved, so that legal status can be back-dated to the original I-539, before the 2nd I-539 (for TD) can then be approved,

Given the very long approval times for I-539, it would be best at that point, for her to simply travel out-of-country when convenient, get a new visa, and enter on a new TD status. So it may not even be worth filing the second I-539 for her, since B2-pending or TN-pending is hardly different for a spouse. This would protect her from a bureaucratic denial of the B2 (and this the TD) many, many months down the road.

See:
www.santoslloydlaw.com

What Happens when an Applicant Files an Extension of Status and Subsequent Applications?

Santos Lloyd Law Firm, P.C., is a boutique immigration law firm with offices in Newport Beach, Beverly Hills and San Diego. We represent clients from around the world by offering customized immigration solutions for individuals and companies.
www.santoslloydlaw.com www.santoslloydlaw.com

An applicant may file an additional application after expiration of his or her nonimmigrant status while the applicant’s timely-filed EOS or COS application is pending. In such cases, the officer should defer adjudication of the additional application until USCIS adjudicates the EOS or COS application. If USCIS ultimately approves the EOS or COS application, then the applicant is considered to be in lawful immigration status on the date the additional application is filed. If USCIS denies the EOS or COS application, then the applicant is generally considered to be in unlawful immigration status as of the expiration of the applicant’s current nonimmigrant status and likewise on the date the adjustment application is filed.

Basically, USCIS will adjudicate the extension application first, and hold off on adjudicating the subsequent applications, as they were not “timely filed”. It won’t be until a decision on the extension application is made, that USCIS will determine if it can move forward with adjudicating the subsequent applications.
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Thanks nelsona for the detailed and informative response. I will keep updated here as it goes. Thanks again.
 
One more question on this same topic - when will the 60-day grace period starts?

My last working day/laid off date is Jan/10/2024 as indicated on the severance agreement, however, I will be paid 8 weeks of severance pay and my last pay day will be March/8/2024. I will be receiving regular bi weekly pay checks until Mar/8/2024.

Based on this, will be 60-days grace period kicks in on March 8/2024 or Jan/10?

I looked in USCIS website and found this: Any inputs will be appreciated.

1706280086163.png
 
One additional question here on the same topic - I am on 55th day of my lay off (5 days from grace period deadline). I got a job offer and I am travelling to Mexico to get TN for me and TD for my daughter (as she is a Canadian citizen). However, my spouse (who is non-Canadian) still have her TD I-94 valid till mid Jun 2024. Does she need to change her TD as well as I got my new TN or she simply maintains her existing TD status as my TN is with new employer now? I can apply for her TD extension when her existing TD term is going to end by filing at USCIS or go out of country and get TD visa stamp and then enter US and get TD I94 with new date on it? any inputs will be appreciated, thanks
 
>> Does she need to change her TD as well as I got my new TN or she simply maintains her existing TD status as my TN is with new employer now?
She can continue to be on existing TD status as long as you get your new TN. You will need to take steps to get her a new TD (based on your new TN) when her existing TD is about to expire.
 
bigboy00 said:
>> Does she need to change her TD as well as I got my new TN or she simply maintains her existing TD status as my TN is with new employer now?
She can continue to be on existing TD status as long as you get your new TN. You will need to take steps to get her a new TD (based on your new TN) when her existing TD is about to expire.
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Thanks! The same should be applicable for our daughter too as she has existing TD valid till Feb 2025. As I am visiting border along with her, I can request them to extend her TD to match with my new TN validity period.
 
Grant/Bigboy,
Before assuming that you can extend her TD by mail, it would be good to know (and I think this is your latest question), if you and your dependents are actually in TN/TD status during the grace period. I do not know if Grace Period = TN and TD status, or if it is some limbo status (similar to pending B2), which would require new I-94s for all of you.

You, of course, are not extending your TN, nor are you extending your daughter's TD: you are both getting fresh statuses.
 
CDN9 said:
Thanks! The same should be applicable for our daughter too as she has existing TD valid till Feb 2025. As I am visiting border along with her, I can request them to extend her TD to match with my new TN validity period.
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My thoughts: If the officer lets you keep your daughter's existing TD (considering it is still "valid" for about an year), our theory regarding the validity of your wife's TD status (while you are in your grace period) is vindicated. But if she is issued a new TD to match your new TN, what Nelson says about the "limbo status" is true!
 
bigboy00 said:
My thoughts: If the officer lets you keep your daughter's existing TD (considering it is still "valid" for about an year), our theory regarding the validity of your wife's TD status (while you are in your grace period) is vindicated. But if she is issued a new TD to match your new TN, what Nelson says about the "limbo status" is true!
Click to expand...

Thanks nelsona and bigboy!

"limbo status" means is she going to be out of status or mostly like a pending or authorized stay status?

What I am planning is, as soon as I get my TN and my daughter's TD at the border - once we are back in US, we will apply for consular visa for my wife (there are some appointments available in US consulates in Mexico, as early as next week). I will get her TD visa stamped and while returning, she will get a new TD I94 matching with her Visa stamp validity period.

will this work?
 
Of course this will work, because getting a border TD does not require being "in status".

As I said, only the issue of filing an I-539 while during grace period is in question, and I don't know the answer to that.
 
nelsona said:
Of course this will work, because getting a border TD does not require being "in status".

As I said, only the issue of filing an I-539 while during grace period is in question, and I don't know the answer to that.
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thanks nelsona! from the discussion, it looks like it is a better option - myself and our kid get TN and TD from border. Once I am back, I will apply for her TD Visa stamp in one of the US consulates in Mexico, get the visa and while on return, get her new TD I94 matching the visa validity date.

As I am getting the new TN before the 60 day grace period (March 10), her TD status will kick-in automatically and she may not even need to file I-539 at all to extend her TD. Simply get a new TD visa stamp and I94 by travelling out before her original TD I94 expires (Jun 2024).
 
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