TN -> B2 pending -> TN

F

F C

New Member
Hi there,

I was laid off from my job last month. The next day, I petitioned to transition from TN to B2 to extend my stay for a few months in order to get my things together, deal with a medical issue, and head back to Canada. I was advised by an attorney that I should get a B2 petition pending in place immediately. I've received a notice from the USCIS that my petition was received.

Meanwhile, I received a Work Offer from a new employer in the U.S. and am considering 2 options:

1) Flying back to Canada next week to apply for a new TN status at the POE.
2) Submitting an expedited Form I-129 to transfer to TN status with new employer

My fear is that the USCIS will be confused about receiving the Form I-129 it since there's still a B2 pending and stall things further. Being at the POE, speaking directly with the guards I feel is the best way for me to explain my situation.

Does anyone have any recommendations on what the most logical next steps would be?

I still own a home in Canada (can prove ties). My TN has not expired yet. I have been truthful in all of my dealings with the USCIS.
 
Your fears about USCIS somehow getting confused due to a pending B2 and a submitted I-129 are unwarranted. You will be listing your pending B2 as your status on the I-129, so there is little chance of confusion.

Going to the border actually has more risk, since you will only be let in with a successful TN petition, and your B2 will be dead. They will not let you in as a tourist just because you own property in Canada. You clearly live in US. There really isn't anything to explain to the CBP. You were in B2 status and are applying for a TN. There is no out-of-status or overstay to explain.

Just to be clear, your TN is dead. Your I-94 may not have expired, but that fact means nothing especialy since you have moved on to B2 pending.

If you are confident that your employer has prepared a good TN package, then go to border. Otherwise have them submit the I-129 (assuming they can do that correctly).
 
Hi Nelsona -- assuming the poster is able to get a new TN (border = CBP), he/she would have to withdraw/cancel the B2 petition immediately upon entering the US with TN (B2 petition = USCIS), right?
 
Since I-539s are immediately/automatically cancelled when one leaves US (not so an I-129), one could let it slide, but it is always safest to cancel any outstanding petition that becomes unnecessary. It doesn't have to do with CBP vs. USCIS. They would both be in the system.

It would be imperative to cancel the I-539 if one subsequently filed an I-129 (all within USCIS) or cancel an I-129 if one subsequently went to the border for their TN.
 
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Just to be clearer, you would only cancel unnecessary applications AFTER you got an APPROVED work status. You would not, say, withdraw a pensing I-539 in B2 before getting the I-129 or border petition approved.
 
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Thanks nelsona! Can always count on you to clear things up. Will fly to Vancouver and back same-day.

I've read about the San Ysidro border approving TNs for Canadians, which is technically closer to me (SoCal), but I'm a little freaked out about being stuck on that side of the border if something were to go wrong.
 
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