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  1. nelsona

    Mexican TN Visa Holder with a new I-94 from CBP with B2 class of admission

    luix333 mentioned he was coming from "overseas" which meant not Canada/Mexico, so AVR was not possible. Now they don't have a valid TN I-94 so can't use AVR to enter as a TN.
  2. nelsona

    Mexican TN Visa Holder with a new I-94 from CBP with B2 class of admission

    As for AVR, you no longer have a "valid" I-94 in TN status, as your I-94 was superseded by the one issued in B2 status. As newacct stated, the officer acted properly in not admitting you on TN, and was generous in allowing you B2 entry (if presumably you don't still have a foreign home).
  3. nelsona

    TN-2 / Change of Employer at POE or Consulate.

    3a - a separate I-537 for TD would need to be filed along with the I-129 3b - yes, once I-129 is approved, TD could get visa at consulate with proof of your TN. 4 - one would only apply for B1/B2 visa AFTER the END of TN status. Once you are living outside US at that point, tourist visa should...
  4. nelsona

    TN-2 / Change of Employer at POE or Consulate.

    So, in order to get a new TN without having to leave the country (which would require a new consular visa) your new employer would need to file an I-129 with USCIS. Your new sponsor can file as "new concurrent employment" to answer your questions, 1A once you file a DS-160, you can no longer...
  5. nelsona

    Getting rehired after having been terminated

    This is correct so long as you have not applied for a different status in the meantime, like B2 or F1. If you have, you would need to go to the border and re-enter on the existing TN (no need to make a new petition).
  6. nelsona

    Got laid off while on TN Visa

    As the end of the 60-day period (or the expiry of the I-94) approaches, one can file a I-539 for B2 (not B1) status, without leaving the country for perhaps six months, for the purpose of finalizing US affairs and leaving, The applicant should be (if they haven't already be making final...
  7. nelsona

    TN Change of Status to B2 - RFE

    Someone living in Canada can almost always enter US on B2, sine they live outside US. I-539 is for someone wish to CHANGE to B2 after being in another status. By returning to Canada after working in US on a temporary status, one now becomes eligible for state EI (which they would not be...
  8. nelsona

    TN Change of Status to B2 - RFE

    I-539s are notoriously slow, you should not be waiting for a response, as it will likely come after the six month mark. You will be long gone by then -- or have a new status. Remember the sooner you go back, the sooner you can collect unemployment.
  9. nelsona

    TN Change of Status to B2 - RFE

    Yes, you can send that information. Expect a denial, and act accordingly. Your grace period was the time to find another job, now it is time to leave. If denied, and you leave, there will be no future consequences
  10. nelsona

    TN Change of Status to B2 - RFE

    The request for B2 should have mentioned the reason to tie up affairs in US and leave. Since you haven't left, and have not found a job yet, you should be well on your way to returning to Canada. Did you use all of your 60 day grace period? It's time to leave.
  11. nelsona

    Social Security Deduction at Paycheck

    Grant, Even getting 6 quarters of SS qualifies on for some SS -- IF the work in Canada for 8.5 years as well. So it isn't lost.
  12. nelsona

    New concurrent TN / Passport

    Public charge is not relevant to TN. Your TN wages are in your letter. That is your proof of sustainability. Don't overthink this. Disabled people aren't not barred from US, nor are you.
  13. nelsona

    TN Status - General Queries

    No need to wait to get TDs.
  14. nelsona

    New concurrent TN / Passport

    If she qualifies for B2, she can enter with you. It would be just like someone coming to visit you in US.
  15. nelsona

    TN Status - General Queries

    It is not typical to have to be re-inspected when entering US on an existing TN. Not a worry.
  16. nelsona

    Leaving US while I-485 is being processed

    .... and you will not be allowed entry on your existing TN as you will have demonstrated clear and undeniable immigration intent by filing I-485. The person giving you wrong advice is confusing TN with H and L statuses, which DO allowimmigration intent. So, once you file I=485, you MUST remain...
  17. nelsona

    TD Status with Marriage License but no certificate

    If you were just recently married, then whatever you have will suffice. If you were married five years and had no certificate, then that would be a problem. You're fine.
  18. nelsona

    approved I-140 was NOT proof of immigrant intent?????

    Please let us know how your road from TN to GC is going. Otherwise....
  19. nelsona

    approved I-140 was NOT proof of immigrant intent?????

    it is a petition, not a visa, and it is expressly excluded from preventing TN renewal. Are you personally having some sort of problem renewing your TN, or are you simply trying to rehash already-proven information? Either way, read the curiousgeorge thread, and all the best.
  20. nelsona

    TN Status - General Queries

    4. Since your family will be remaining in Canada, you will likely continue to be taxed on your US income in Ontario. If you want to explore ways that you might be able to not pay Cdn tax on your US income, go to the forums.serbinski.com and ask there.
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