Calling all Strategists: TN --> Layoff --> B2 pending --> TN (best way to get new)

T

TNDV2008

Registered Users (C)
This post is for the "experts" (IMHO, that would be nelsona, bigboy, TheRealCanadian, Tnvisaexpert, et al), but anyone can chime in:)

I am in B2 pending (I hope), since I filed for it 2 weeks ago. I got laid off early Feb (though usual payroll monies is being deposited every 2 weeks until mid-april & final termination lump sum payment will occur mid-april, when I am "officially terminated")...does this makes my EXISTING TN STATUS VALID???? :confused:

Job interviews are going well for new jobs and it's "getting warmer", so I am wondering,...what it the best way to get a new TN?

(a) drive from GA to Detroit ALONE and get TN, then switch wifey to TD (from B2 pending) status via mail using I-539 & I-129?

(b) drive to Detroit with family (wifey & 2 US born toddlers), and get TN for me & TD for wifey

(c) apply for TN/TD via mail and pay $1000 to expedite (how will I cancel the B2 application?)

(d) apply for TN/TD via internet (did not know if this existed until today)

Thanks for all your insights and please keep in mind that I am a DV lotto winner for 2008 (though I have not responded to the Notification Letter yet since I am waiting to get my "non-immigrant visas" approved first)...and I am not sure if this "win" will show up on the INS database upon face-to-face interview and as such, create grounds for denial since I "show" immigration intent but virtue of participating in the DV lotto programme
 
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TNDV2008 said:
I am in B2 pending (I hope), since I filed for it 2 weeks ago. I got laid off early Feb (though usual payroll monies is being deposited every 2 weeks until mid-april & final termination lump sum payment will occur mid-april, when I am "officially terminated")...does this makes my EXISTING TN STATUS VALID???? :confused:
Click to expand...

-- Since you are in your "non-working" period but getting your regular biweekly salary, your TN status is still valid. It will be terminated when you will be laid off officially (and stop getting the regular pay-checks).

Job interviews are going well for new jobs and it's "getting warmer", so I am wondering,...what it the best way to get a new TN?

(a) drive from GA to Detroit ALONE and get TN, then switch wifey to TD (from B2 pending) status via mail using I-539 & I-129?

(b) drive to Detroit with family (wifey & 2 US born toddlers), and get TN for me & TD for wifey

(c) apply for TN/TD via mail and pay $1000 to expedite (how will I cancel the B2 application?)

(d) apply for TN/TD via internet (did not know if this existed until today)

Thanks for all your insights and please keep in mind that I am a DV lotto winner for 2008 (though I have not responded to the Notification Letter yet since I am waiting to get my "non-immigrant visas" approved first)...and I am not sure if this "win" will show up on the INS database upon face-to-face interview and as such, create grounds for denial since I "show" immigration intent but virtue of participating in the DV lotto programme
Click to expand...

--- Option "c" seems to be the safest one. I will not suggest "b" because I am not sure if your green card DV will show up at the border. If it shows up, then it will be a messy situation in case you are not allowed back into the country. This will not be the case if you go by the option "c".

Hopefully, the expert (Nelson) will be able to answer how to cancel your B2 application. Good luck!
 
The validity of your N is questionable, but since you have already file B2, who cares, you aren't in a position to use it again.

Any application or petition for tn would have to include information about your b2 petitions, since this IS your prrof of status.

I would NOT rely on the fact that you are still getting a paycheck to say that you are in TN status, not even for one week.
 
interesting....

nelsona said:
The validity of your N is questionable...I would NOT rely on the fact that you are still getting a paycheck to say that you are in TN status, not even for one week.
Click to expand...

The separation contract letter indicated that my termination date is in April, while the period mid-feb to mid-april is my 60 day "Notice Period".

Using this letter's april "termination date", I can arguably say I am still on TN and that my immigration status will change once I get B2 approved...(am I stretching it here, even though it might not matter ;))

Also, Nelsona, u have an idea on how to retract a B2 app , If I apply for a TN by mail with premium processing?
 
You are in B2 pending, the instant you sent in the B2, which was the right thing to do.

You can say all you want that your are a tN, but in determining your current status, no officer would accept that merely getting paid makes you TN: you aren't working, you are really getting severance pay. So, yes, it does matter.

You likely will never get your B2, so don't rely on this to trigger anything in your status.

When you apoply for TN by mail or at border, you key documant will be your B2 receipt notice, not some letter from the firm that no longer employs you.

as to retracting B2, when you get your TN, either by mail or by POE (which would still be my preference by the way, since it takes care of all the TDs), simply write a letter to the address on your notice and say you are cancelling this (these) petitions.

Obvioulsy don't cancel any B2 petitions for your family until they get their TDs.
 
Excellent response

Thanks for the breakdown Nelsona

Now If only someone (who knows someone, who knows someone, who knows someone, who works for INS) would fill me in whether my being selected as a DV lotto recipient, would create an impediment to getting a TN @ POE....anyone here :rolleyes:;)
 
It certainly......might. But you have no choice but to try, or simply go back up to Canada and wait.
 
Tn visa

TNDV2008 said:
This post is for the "experts" (IMHO, that would be nelsona, bigboy, TheRealCanadian, Tnvisaexpert, et al), but anyone can chime in:)

I am in B2 pending (I hope), since I filed for it 2 weeks ago. I got laid off early Feb (though usual payroll monies is being deposited every 2 weeks until mid-april & final termination lump sum payment will occur mid-april, when I am "officially terminated")...does this makes my EXISTING TN STATUS VALID???? :confused:

Job interviews are going well for new jobs and it's "getting warmer", so I am wondering,...what it the best way to get a new TN?

(a) drive from GA to Detroit ALONE and get TN, then switch wifey to TD (from B2 pending) status via mail using I-539 & I-129?

(b) drive to Detroit with family (wifey & 2 US born toddlers), and get TN for me & TD for wifey

(c) apply for TN/TD via mail and pay $1000 to expedite (how will I cancel the B2 application?)

(d) apply for TN/TD via internet (did not know if this existed until today)

Thanks for all your insights and please keep in mind that I am a DV lotto winner for 2008 (though I have not responded to the Notification Letter yet since I am waiting to get my "non-immigrant visas" approved first)...and I am not sure if this "win" will show up on the INS database upon face-to-face interview and as such, create grounds for denial since I "show" immigration intent but virtue of participating in the DV lotto programme
Click to expand...

Can you really apply for TN status on the internet?. I was told no.

Thank you
 
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