When does the TN status end when you quit job?

M

medavid

Registered Users (C)
Hi eveyone,
Simple question:
When does it end?
Is it the last day you work?
The day of your last pay check? (if this is the case, does it count if you get paid for vacation accrued etc, or the last paycheck for hours worked)

Is there a grace period? I think I had read it was 10 days....
Thanks

:)
 
You are out of status they day after you quit, even if your I-94 has days left on it.

You do not accumulate illegal days unless and until your I-94 expires -- but you are still out of status.

There is no official grace period. If you intend to stay in US more than a week or two, you should file I-539 to get upto 6 month B2 status.
 
nelsona said:
You are out of status they day after you quit, even if your I-94 has days left on it.

You do not accumulate illegal days unless and until your I-94 expires -- but you are still out of status.

There is no official grace period. If you intend to stay in US more than a week or two, you should file I-539 to get upto 6 month B2 status.
Click to expand...

Thanks Nelsona, this is actually for my wife.
I forgot to mention that USCIS has a change of status application for a cap-exempt H1B (currently in RFE) , in what status would she be? I am on H1B, do we have to apply for H4B or just wait for the final decision on the H1B?
Thanks a lot
 
Anything else you 'forgot to mention'?

If she did request a change of status with the H1 request (which is NOT typically done unless the TN and the H1 were for the same employer) then she is would be in H1 pending status from the day she quits until H1 is approved. However if the H1 was requested with a future starting date, then she would need an H4 status in the meantime, either by I-539 or at border.

If there was no change of status requested, or if the H1 was denied, she would be out of status from the day she quit. She should send an I-539 or go to border for H4 status on the day she quits (with copy of your H1 I-94 and marriage certificate).

Any I-539 would have to be sent the day she quits. Going to the border for H4 could be done within a few days of quitting.
 
nelsona said:
Anything else you 'forgot to mention'?

If she did request a change of status with the H1 request (which is NOT typically done unless the TN and the H1 were for the same employer) then she is would be in H1 pending status from the day she quits until H1 is approved. However if the H1 was requested with a future starting date, then she would need an H4 status in the meantime, either by I-539 or at border.

If there was no change of status requested, or if the H1 was denied, she would be out of status from the day she quit. She should send an I-539 or go to border for H4 status on the day she quits (with copy of your H1 I-94 and marriage certificate).

Any I-539 would have to be sent the day she quits. Going to the border for H4 could be done within a few days of quitting.
Click to expand...


there are many things that I "forgot to mention" :o but I didn't want to make the post to complicated.
The H1B is for a different employer (the starting date was for last week :mad:) and it's waiting for aproval, so I think she should be fine. Since it was submitted weeks before she quit the job and it hasn't been denied.
For us it isn't as easy as just going to the border, since the TN is from Mexico and the visa requirement makes it a lot more difficult :mad: (waiting time wise).

one side note...
If the visa is not approved by the last week of June, the employer will withdraw the offer (:mad:) and we will need to get her a H4... I am wondering if in that case, she can enter the country as B2 (she has visa laser) and then apply for change of status, so that she doesn't have to stay outside of the country..


Thanks for your help Nelsona :)
 
Look. Try and give a better synopsis of your problem next time, from the beginning. the fact that she had applied for h1 and the fact that she mexican makes a lot of difference.


... and based on that, I think I'm going to let someone else take on your next surprises.
 
nelsona said:
Look. Try and give a better synopsis of your problem next time, from the beginning. the fact that she had applied for h1 and the fact that she mexican makes a lot of difference.


... and based on that, I think I'm going to let someone else take on your next surprises.
Click to expand...

ok, I'll try to catch you on a better day :p, most of your responses apply anyway, simply the difference is that in her case, she needs a visa, unlike Canadians.

I didn't want to write 5 paragraphs to fully explain the situation because that makes people lazy to read it, and sometimes the questions are confused...

thanks anyway :)
 
"My mexican wife is thinking of quitting her TN job. She has applied for a non-quota H1 which is pending. If she quits before her H1 is approved, what status would she be in? Does she need to switch her status to H4 (I have H1) or can she simply wait for H1 approval?

And what happens if her H1 is never approved?"

A little cooperation is required on your part.
 
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nelsona said:
"My mexican wife is thinking of quitting her TN job. She has applied for a non-quota H1 which is pending. If she quits before her H1 is approved, what status would she be in? Does she need to switch her status to H4 (I have H1) or can she simply wait for H1 approval?

And what happens if her H1 is never approved?"

A little cooperation is required on your part.
Click to expand...

You found a better way than me to describe the questions :D
:hug:
 
nelsona,

It's obvious someone p*&sed in your cornflakes a few mornings ago. But I have to agree with you. How many times do we see a post started, and 16 threads later the answer and the question are soooooo different than the original post.

Look people....say what you mean.

Enough with the drama of adding little bits and piece's after we tell you what to do. USCIS has better things to do than worry about this website. So if you're worried that they are watching, don't be.

This post could have been answered in maybe one or two responses. This seems to happen all day long.
 
Hey I just went back and looked at the previous posts.......you say she already quit her TN job? Now I'm waiting for the next post of "Can a TN be reactivated if an H1B is not approved".

I'm curious....why would you quit without knowing for sure you have another job?


And curiousgeorge.......dysfunctional in a family is normal.......normal in a family is dysfunctional :)
 
simsd said:
Hey I just went back and looked at the previous posts.......you say she already quit her TN job? Now I'm waiting for the next post of "Can a TN be reactivated if an H1B is not approved".

I'm curious....why would you quit without knowing for sure you have another job?


And curiousgeorge.......dysfunctional in a family is normal.......normal in a family is dysfunctional :)
Click to expand...

Both me and the new job are in a different city, and we got tired of not being together. That's pretty much the only reason to quit the TN job before receiving the H1B approval... but a RFE from USCIS (requesting more info about a big ISD, which seems ridiculous to me) has delayed the process and thus the employer might withdraw the offer if it takes too long :(:mad:
We might have to get her a H4 and let her go back to school in that case.

So I wouldn't have posted "Can a TN be reactivated if an H1B is not approved" :p
 
guys, I know I frustrated you, but I thank for your answers and would like to ask a couple of more questions:
Since time is running short and we don't know if the employer will withdraw the job offer (the H1B cap-exempt job), when would she have to return the I-94 permit?
She would still be in H1-B pending status, but since she wouldn't use it, it might not be honest to stay here.. not sure how that would work..

She wouldn't stay here in the country because we need to go out of the country for our Religious wedding at the end of july.... I am thinking she would then come back to the US with B2 and then make the change to H4 through I-539... how does this sound?


I appreciate your time and patience :)
 
She doesn't have to return the I-94. She is not leaving US.
When she leaves she gives it to the airline or the border guard.
 
nelsona said:
She doesn't have to return the I-94. She is not leaving US.
When she leaves she gives it to the airline or the border guard.
Click to expand...

thanks.
So in case she stays in the US and doesn't have a job, she would be out of status once the H1-B is received? (since she wouldn't be H1-B pending anymore...)
 
Basically, if she is not reporting to work, yes. Remember that 'out of status' and 'accumulating days of illegal presence' are 2 separate things.

With her I-129 H1 approval, she would have an I-94 with an expiry date in 2011, presumably.

But this would happen whether or not she leaves/enters now on B2.

Unless she plans to take the H1 job, her proper status is H4, and this is what she should be getting as soon as possible.
 
nelsona said:
Basically, if she is not reporting to work, yes. Remember that 'out of status' and 'accumulating days of illegal presence' are 2 separate things.

.
Click to expand...

Yeah, I am aware of that.

nelsona said:
With her I-129 H1 approval, she would have an I-94 with an expiry date in 2011, presumably.

But this would happen whether or not she leaves/enters now on B2.

Unless she plans to take the H1 job, her proper status is H4, and this is what she should be getting as soon as possible.
Click to expand...

She plans to take the job, but the employer might withdraw the offer if the H1B isn't approved by the end of next week :mad: :( so the following step would be to apply for the H4 after (if, hopefully not) the employer withdraws the offer.
IF that happens, I would like to apply for her H4 after our religious wedding, since it is in Mexico and I don't know if she could come back to the US while her H4 is pending (rather than than with a B2), and there might not be enough time to request an AP.....
I am breaking my head to figure out the proper procedures/timings for the different circumstances :o
 
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