TN1 got terminated recently. Can I apply for tourist visa to wrap-up US affairs?

[Canada-Pr]

I was working on TN1 visa and got terminated without notice. So I currently out of status for 2 days.
I have few questions :
>Can I apply for wrap-up visitor status (B2 ) from within USA while on a terminated TN1 visa or I must go to the border?
>How long / days can I stay in USA without having any immigration related consequences?
> Can I stay in USA after filing B2 status change?
>I am looking for anew TN1 visa employer. Do I need to apply for whole family for B2? or I can leave them in USA on TD status for now?
>Can I reenter USA telling the officer that I am going back to wrap up my stuff in USA ?

Thanks in advance.

 

[newacct]

I was working on TN1 visa and got terminated without notice. So I currently out of status for 2 days.
I have few questions :
>Can I apply for wrap-up visitor status (B2 ) from within USA while on a terminated TN1 visa or I must go to the border?

The thing you would apply for is Change of Status, with form I-539. However, it generally must be received while you're still in status. You're out of status, so I don't think that will work. They have the discretion to give an exception, but I'm not sure how likely it is.

>How long / days can I stay in USA without having any immigration related consequences?

Depends on the "consequence".

There are 3-year and 10-year "unlawful presence" bans based on accruing 6 months or 1 year, respectively, of "unlawful presence" and the leaving the U.S. However, "unlawful presence" doesn't start to kick in until you exceed the date on your I-94 (which I assume hasn't been reached); simply being out of status doesn't trigger it. Also, if you accrue any "unlawful presence", it will void the visa you used to enter the U.S.; but again, you don't have "unlawful presence" yet, and if you're a Canadian citizen you don't use a visa to enter the U.S. in TN status anyway.

Other than that there are no well-defined consequences. It could be a factor in future applications for U.S. visas and/or future U.S. entries. But lots of things affect those, and it's impossible to say what the officer will consider.

> Can I stay in USA after filing B2 status change?

If it was timely filed (received before you were out of status), then yes; but that is not the case for you.

>I am looking for anew TN1 visa employer. Do I need to apply for whole family for B2? or I can leave them in USA on TD status for now?

Their TD status would also have been lost with your TN status, so they would also be out of status. They are in the same situation as you.

>Can I reenter USA telling the officer that I am going back to wrap up my stuff in USA ?

You can try to re-enter in visitor status (B2). As always, entry is not guaranteed.

 

[Canada-Pr]

Thanks a lot newacct . I called USCIS help line yesterday and they looked up there manuals and told me to file I539 even though I am 2 days late. he says then we will not be out of status untill a decision is made! I am not sure how reliable is that service. he says as its non immigrant to non immigrant status change so same category, so should not be a problem!

 

[Canada-Pr]

I have one more question.
if I apply now for change of status to B2 and then i get a new job offer on TN , in that case Can I apply for TN as I have already applied for B2 now and is on process?

 

[kite2020]

I am also looking for the same answer.

My plan, please correcnt me if you see anything wrong in this approach:
1. Send TN papers for premium processing by mail to avoid voiding of 539 application.
2. As TN application generated withdraw 539 application.

 

[nelsona]

That will work.