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Termination on TN

Discussion in 'TN Status' started by tnaspirant, Nov 10, 2017.

  1. tnaspirant

    tnaspirant New 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.
     
  2. newacct

    newacct Well-Known Member

    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?
     
  3. nelsona

    nelsona Registered Users (C)

    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.
     
  4. tnaspirant

    tnaspirant New Member

    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)?
     
  5. nelsona

    nelsona Registered Users (C)

    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.
     

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