Filed I-539 to change to B-2 still processing, but now leaving and wish to return with new TN

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eeMGee

Registered Users (C)
I have been working in US on TN-1 and lost my job without notice. Was scared to go out of status and have trouble in future returning, since needed time to get car title, pack, etc.. Filed I-539 to change status to visitor.

This is a long process and I haven't heard back yet and ready to return to Canada. I have been offered a new job, and will want to get a new TN fairly quickly after my return to Canada.

Would the open I-539 cause problems?
 
Be sure to make a point of getting CBP to record your departure and the I-539 will be granted by USCIS as of date of departure, you will have no overstay as a future problem.
 
Be sure to make a point of getting CBP to record your departure
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By CBP do you mean the US customs? I need to stop there to get my vehicle export authorization anyway.. but they aren't the cross over point. Or do you mean the Canadian customs?
 
If you have new TN job, why export your car?

Just stay in US untli your TN application os ready and go to border right then.

But on your question, as BG said, go to border, get TN, mantion the pending I-539 on your way out.

I would go the extra step of formally notifying USCIS that you are cancelling your I-539 (since you left US even if it was for a minute), so it will not be approved later, thus overriding your TN.
 
go to border, get TN, mantion the pending I-539 on your way out
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Get TN on my way out???

If I wish to visit Canada, but not import car, is TN letter enough to show Canadian customs so they will let me in with US plated car? Also, my GA driver license is expiring, and can't renew since they need current work authorization. My GA registration is expiring before I will make it to my new state.. seems easier to register insurre car in Canada.
 
Yes, get TN on you way back into canada. First go into canada ofcourse, and then drop back to POE.
 
Can you drop the incredulous tone?

I do not see any reason why you should settle in canada and import/export your car into canada if you already have another TN job. That was the whole point of staying in US inder B2 in the first place. So, with the TN letter in hand...
1. Drive to the US-Canada border, and enter Canada through Cdn customs. If they question the plates on your car, merely say that you have a new TN that you are about to process 3 minutes from now.
2. U-turn at next exit, and return to the border, and apply for new TN at the US POE.
3. At his point, either go on to your new assignment, or return to canada for a visit. you aren't settling in Canada.

If you are concerned about your GA plates, simply pay the $20 and renew them now. You don't need status to do that.
 
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Thanks for your help Nelsona. May I ask what is the advantage of turning around and getting TN right away, then turning around again to visit Canada? I guess it is nice to know ASAP that I have the TN in hand. I ask because on my visit to Canada I am planning on renewing my passport (it has one year left, and I would like to get a 3-year TN). I was thinking if they let me in to visit for a couple of weeks without importing the car, then I just get TN on my trip back into US? Thanks.
 
eeMGee said:
I guess it is nice to know ASAP that I have the TN in hand. I ask because on my visit to Canada I am planning on renewing my passport (it has one year left, and I would like to get a 3-year TN).
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Are there any other bureaucratic actions that you plan to take while in Canada? It might be best for you to lay all of your cards on the table at once rather than doing a sort of striptease where you reveal a bit more in each post, so that people can respond accurately the first time.

To be honest, I'm having a bit of a hard time understanding where you are coming from. Usually when people have been unemployed for an extended period and then get a new job offer, getting started at the new job is absolutely at the top of their list priority-wise. You're acting like it is something of very low priority--your car, your driver's license, and your passport all seem to be higher priority for you--I don't understand this.

A TN is supposed to be issued for 3 years regardless of passport expiration. I'm also not sure if you'd be allowed to renew your passport in Canada since you wouldn't be a Canadian resident. And if I were unemployed, I absolutely positively would not be surrendering an unexpired passport for renewal until I had the new TN in hand and were ensconced at the new job.

Additionally, when an employer takes the chance of hiring someone who needs any kind of sponsorship, they are generally a bit nervous until the person actually gets the status or visa. Even if you don't care one bit about your new job (and it doesn't sound like you do), it would be a nice human courtesy to your new employer to get the TN earlier rather than later to put their minds at ease. Plus it is a nice courtesy to future TN applicants at your employer if you handle the TN aspects of this in a professional manner to help your employer feel comfortable about hiring TN's again in the future.

When does your new job start?
 
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To be honest, I'm having a bit of a hard time understanding where you are coming from. Usually when people have been unemployed for an extended period and then get a new job offer, getting started at the new job is absolutely at the top of their list priority-wise. You're acting like it is something of very low priority--your car, your driver's license, and your passport all seem to be higher priority for you--I don't understand this.
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I guess I haven't been unemployed for an extended period.. Past experience in my field taught me that sometimes it can be a few months (or more) between jobs, and so I saved appropriately for the contingency. I'm not rich or anything, and do have to return to work, but I'm not in a panic or desperate.

I was planning on returning to Canada to live, and requested to convert to B-2 so that I would be in the US for over a year (so my car would be personal property, come time to import). I was also planning on vacationing up the east coast on my way home.

During this planning, I was contacted by a former co-worker and presented with the new job opportunity. I was up front, and explained I had to return to Canada in order to get a new TN and my desire to take a bit of time off prior to starting a new contract. I indicated my availability would be mid-July. This is acceptable to them.

Now, I'm researching the best way to smoothly start this new job. The car has been the biggest pain in it... Maybe it shouldn't be? I'm just not too excitted to be driving around the country with expired drivers license and plates, and who knows what my insurance company would do if anything happened.
 
a sort of striptease where you reveal a bit more in each post, so that people can respond accurately the first time.
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Great metaphor.


I'm also not sure if you'd be allowed to renew your passport in Canada since you wouldn't be a Canadian resident.
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Sure. You can renew your passport in canada regardless of where you live at the time.
 
May I ask what is the advantage of turning around and getting TN right away, then turning around again to visit Canada? I guess it is nice to know ASAP that I have the TN in hand.
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Canada won't let you into canada with a US-plated car unless you can show that you are legally allowed to live in US. Thus the need to tell them that you are at the border to get your TN. Once you tell them something, and you have no intention of doing it, then that is lying. You can lie here all you want, but don't lie at the border, to either group of officers.

Really, you are coming off as a dilettante.
 
Once you tell them something, and you have no intention of doing it, then that is lying.
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I have no intention of lying! Recall, I filed a I-539 to avoid being out of status / overstay.. I could have just stayed and been forgiven once I left US.. I'm trying to do things right.

I thought at border I would say that I'm only visiting Canada for 2 weeks and then I am returning to US with all my property to begin a new job.
 
Ah! Another veil falls! Now you say you have all your property with you. You have been great on the Burlesque stage.

Most tourists "only visiting Canada for 2 weeks", don't bring all their property with them. Otherwise CRA views them as settlers -- or idiots.

I think I'm going to drop-kick this thread, before another piece of clothing gets shed....

bye
 
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nelsona said:
Sure. You can renew your passport in canada regardless of where you live at the time.
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Very true, but you need to list a "permanent residence" on the form. If the OP enters Canada claiming to be "visiting" then it wouldn't be entirely honest to list an address in Canada. And it's not quite accurate to say the USA either if there is no TN in hand.
 
The one on his current DL will suffice, he's going to pick up his passport in any event....

This poster's story is so full of holes, I don't really care anymore...
 
Ah! Another veil falls! Now you say you have all your property with you. You have been great on the Burlesque stage.
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This thread started out simply enough with a question how to make sure my I-589 doesn't mess up a new TN... I was planning on importing my car, however advice on here raised the extra questions. I keep my mother's address as a permanent Canadian address, and that would have been where I would have lived (at least temporily) upon return to Canada. My last assignment was my first experience working in the US, and true to the TN intent I have no plans to permanently relocate to the US.

I mentioned I was moving back to Canada, then back to US; as a natural consequence I am travelling with my personal property (no furniture, I rent furnished.. but computer.. clothes.. and car).

You guys might really get exicited if a start a new thread about working on 1099.

This poster's story is so full of holes, I don't really care anymore...
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I apologize for that.. I'm trying to figure out the story, and trying to fill in the holes. I don't have all the answers.. that's why I'm here. I probably don't even have all the questions yet.
 
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See, you are not imn a position to do what you "want to do". You can only do what you "must" do, which is what we've outlined above several times, much to your amazement, surprise, and bewilderment.

You must get your TN letter for a short date from now, go to border and get TN, and then go to work. Your time as a tourist in either country is over.
 
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