TN status ended - filed for B2, now returning for new TN

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Elizabeth Melvin

New Member
Hi,

I am a Canadian who was working in the US as a physical therapist under a TN. My I-94 was not due to expire until February 2018. However my job was terminated suddenly a few weeks ago. I immediately filed an I-539 form to change my status to B2 visitor while tying up my financial affairs, subletting my apartment etc.

Since filing the form I have received an offer of a new job. The status of my I-539 application is still pending, although it has been received.

I was hoping to go to the Canadian border to apply for my new TN with my new employer in the coming days. I am wondering if this is risky seeing as my B2 status has not yet been approved or am I ok to go ahead with the TN petition given that my B2 status request is pending?

Any advice is appreciated, thank you.
 
You are doing exactly what you should do:

Go to the border (making sure you have a perfect application) taking your I-539 pending notice and get your TN, and then formally cancel by mail your I-539. It is supposed to be nulled when you leave US (to get TN) but that is not always done. You don't want to later get B2 approval.
 
A letter sent to the office which is handling your I-539, with a copy of the Notice you received, requesting cancellation.
 
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