Termination on TN

T

tnaspirant

Member
I have a very high probability of being fired in the next week or so. So I want to be prepared to know my options and need advise for the same. If fired, my intention is to get an extension for few months and look for new job and TN.

As we are now given 60 day grace period, should I file I-539 during the end of 60 day period and then you get another 6 months or i have to file the I539 on the last day of the job.

If its a all of a sudden termination at the end of the day, how can i file the I 539 on the same day?

Also, approx how long it takes to get an approval for the i539? and while pending the status, can i change the status to TN again if i find a job.

Please advise the best course of action in a time constraint and the longest possible extension.
 
You remain in status during the grace period, so you can apply for change of status during that period.

I-539 can take 4-5 months.

You could file a change of status to TN, but that costs several hundred dollars and takes several months; why would you do that when you can just go to the border and re-enter on TN which is instantaneous and doesn't depend on the previous change of status?
 
The 60-day grace period obviates the need to file I-539 until that period ends. In those 60 days you will either find a new TN job, or move out of US. If you decide that you can't leave US and have not found a job, only then, on the last day of grace , would you file an I-539 -- requesting six months of B2 status -- and continue your search or preparations for departure. You really don't care how long the I-539 approval takes, since you are in B2-pending throughout the wait.

Just one point to clarify: the grace period is the SHORTER of 60 days, or the actual expiry date of your I-94.

And you do have to remain physically in US for this grace period or I-539 application to be valid. If you leave you have no status, no grace, nor the I-539 to rely on.

As newacct stated, it is customary for Cdns to simply go to the border to get a new TN in your circumstances. Mexican situation may differ.
 
Thanks for Nelsona and new acct. One more question. What is the approx approval rate for the i539 and how long it takes for the final status ( approval or denial)?
 
There is no approval rate. You will either get approved, or not. Percentages don't matter. However, in these cases, approval isn't even important, since they take so long to process (4-5 months)!

You simply file I-539 in a timely fashion, asking for 6 months of B2 to wrap up your US affairs, and then you go on with your search and/or preparation to move away. You will either have left the country or have a new job long before it is processed. You don't sit around waiting to find out. You are merely filing this to stay legal, not to get approval to stay in US as a B2.
 
As i was expecting, I have got the one month notice, can you please suggest what I should do? I didn't get along my new boss since he started 6 months ago..i been working with this company for 1.5 years...they gave me PIP performance improvement plan...
my questions are--do i resign before they fire me...but from my experience background check companies mainly check your employment via work number ( at least big companies ) and they don't disclose reason of termination..

what advise is the best course of action for me? i have already started for jobs already. Also, forI-539 is it still taking 3-4 months and should i fill the form myself or more someone...i have never hired someone for filing any more...but this is very critical because i have a house and stuff and need to sell it...
 
tnaspirant said:
As i was expecting, I have got the one month notice, can you please suggest what I should do? I didn't get along my new boss since he started 6 months ago..i been working with this company for 1.5 years...they gave me PIP performance improvement plan...
my questions are--do i resign before they fire me...but from my experience background check companies mainly check your employment via work number ( at least big companies ) and they don't disclose reason of termination..

what advise is the best course of action for me? i have already started for jobs already. Also, forI-539 is it still taking 3-4 months and should i fill the form myself or more someone...i have never hired someone for filing any more...but this is very critical because i have a house and stuff and need to sell it...
Click to expand...
 
Hello Nelsona,
Please advise whether i should file i539 on my own or hire a lawyer if its complicated. Can you provide some resource/ link to fill the form.
 
I had called Rainbow Bridge Immigration, the immigration officer said there is no Legal Time frame that you have to leave. It should be resonable period.
Is there a website where this information of 60 day grace period is specified.
 
CBP is talking about something completely different than "grace period", which is the statutory period in which you remain in legal status (and thus be able to change status) when you no longer fulfilling the terms of your work authorization. H1-B's have long held such a grace period (of 10-dys), and now TN (and many other statuses) has the same 10-day period, at the end of their status validity. TN (and many other statuses) now also have a grace period of up to 60 day (or the end of their I-94 validity, which ever is sooner) if their employment is terminated before the end of the I-94 period. So, whether a TNer has reached the end of his TN (10 days), or is let go before the TN expires (up to 60 days) they have a statutory grace period to change to another status legally.

The CBP officer is simply addressing the practicalities of one who is no longer in TN (or any other legal status) and leaving the country. One does not have to be in legal status to leave US, one just has to leave in a reasonable period during of after that status expires. The evidence will be established when one hands their I-94 Cdn officer. The date will be marked and given to CBP. They would then determine if the time was reasonable, or, if not, make a note on one's file for the next time they attempt to cross.
 
Thanks Nelsona
Which category i would fall i leave my present job.
Is 60 days grace period applicable for me?
Since my wife is on TN, i can change status to TD if needed.
During this 60 days grace period, i cannot leave US and Enter back ?
 
You would be under the 60-day grace period (or less if your I-94 is expiring within those 60 days.
Any grace period applies only while you remain in US. You can certainly leave anytime you want, but will need to request entry on a new status. You are eligible for TD. You would need to be applying for a new TN job to enter on TN.
During the 60-day grace period you are permitted to file an I-539 for TD (based on spouse's TN) if you think you may not want to leave US any time soon. Again, I-539 applications are considered abandoned if you leave before that are approved 9in which case you just get TD at the border when coming back).

In you position, if you left your job with time left on your I-94, I would stay in US, look for work, and if you found work within 58 days, go to the border and get new TN, or if not found work within 58 days, go to border and get TD.
 
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