Can a TN holder laid off receive UI without leaving US?

T

TN-Engineer

New Member
Canadian TN holder looking for UI in USA....

First I would like to say thank you to Nelsona for the great contribution to this forum.
I’m laid off under TN visa in February 2009, but I did not apply for UI yet. I was working with the same employer for 4 years in California. Unfortunately I did not apply for CG during this period. The good news is: I’m getting a new job this week.

I have read many experiences from others TN holders in this forum. They say that TN holder must return to Canada to receive the IU from the California (in my case) unemployment agency.
Questions:
1) If I first get a new TN visa with a new employer, and then apply for IU at the California unemployment agency. Can I receive the UI without moving back to Canada?
2) Why do we need to return to Canada to receive the UI? We could stay under B2 visa, TD, or other legally in USA and we also are available to get a new job in USA.
3) Does anyone know if there is any other way to receive this UI in USA?
Thanks in advance for your help.
 
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1. No. You were not 'ready and able' to work.
2. See above. The fact that you could get a TN in a matter of days is insufficient. This is the view of alll states. Some have specific wording spellling it out exactly.
3. Yes. Establish Cdn residncy and THEN come back to US to look for work. Trouble with that is getting permission to enter US


Besides, you can't collect until you file, and if you file now, there will be a one-week waiting period, and then you will have a job. So, retroactive collection of UI in this case is not possible. But, I'm sure you looked into this, no?


BTW, what status have you been in the past 6 weeks?
 
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Nelsona,

Unfortunately I thought I could collect the UI retroactive. I was wrong. I was working hard 24/7 just to get a new job. But I will try to apply today…. I have nothing to lose.

Could you explain more details on your answer # 3 to establish Cdn residency? I own a house in Ontario. Is it a proof of establishing Cdn residency? I’m renting this house. I’m just curious since I’m planning to move back to Canada only in 2010.

I would like to leave this experience to another TN holder. DO NOT STAY ON TN VISA TOO LONG, APPLY FOR GREEN CARD ASAP.

Out of Status on TN visa:
I read your advice for other TN holders laid off. I did not apply for B2 by mail and my I-94 is expiring in May-2009. I will renew my TN visa with this new job crossing the San Diego border this weekend with my family (wife and kids). By the way… My wife and kids must follow me at the border, I was thinking to cross the border alone and request the officer to renew their TD without their presence. Is it possible to get the TD visa without their presence?

Thanks for your help:D
 
Sorry to interup your thread but i'm in similar situation and i was wondering if someone knew the answer.

I live in Windsor(ON), but work in Detroit area. I will be forced to take one week off not paid in April. (1 week layoff in April)
Would i be elegible for unemployment benefits for that one week, considering I have TN status?

Did anyone experience anything similar?


Also, do i have to let them know at the immigration that i have 1 week layoff and does anything change on my TN status?

Thank you and once again sorry for intruding.
 
Since you live in canada, this should not be a problem. Of course, these types of 'furloughs' are done in concert with Mich UI, so they have the ground rules already set.

As to immigration, you simply will stay in canada, or enter as a tourist. I would not enter on TN, without the notion of working.
 
Any body else annoyed by these glossary items, like so, bc, etc that are absolutely meaningless.
 
You don't have an alien registration number, since you don't have a green card.

Border towns have special procedures to deal with Cdns eligible for state UI. You'd best talk to someone.


... and are you sure that everyone else at your plant/office is going to collect for that one week? Seems like most states would have regs in place to prevent companies from shunting payroll from themselves to the state for only one week.

But this is michigan we are talkng about..
 
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It's very hard to get ahold of anybody over the phone, and in person waiting lines are enourmous. I'll have to try to figure how to talk to somebody.


And to answer your second question, everyobody in my office is talking about collecting unemployment for that one week, that's the only reason i started looking into it.
 
Like I said, Michigan loves the worker. But that's US worker. They have a website, it discusses eligibility.
 
TN Laid off

Hi Nelsona,
I've just been laid off and I am not sure what to do? As I understand from reading all the forum treads, once a person is laid off, they are considered to be out of status and should return to Canada immediately and come back in with a B-2 to pack up and move (and perhaps find another job).

My question to you is:
- Do I have to go back home right away since my TN doesn't expire until September?
- Should I ask my previous employer to keep me in payroll so that I don't have to go home asap just to process my b-2?
- If I do have to go back to canada, is there another way of processing the b-2 w/o going to the POE. eg. just go to LAX airport (I'm in California)?

Your help is much appreciated.

Sam
 
and should return to Canada immediately and come back in with a B-2
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You certainly dio NOT read that here!!!

You stay in US and file for B2 using I-539. Going to the border will likely result in being kept outside US.

- Do I have to go back home right away since my TN doesn't expire until September?
Click to expand...
Your TN is dead NOW. You need to get a proper status, like B-2 to remain in status.

Should I ask my previous employer to keep me in payroll so that I don't have to go home asap just to process my b-2?
Click to expand...
This doe s not satisfy TN. You don't need to keep job while filing for B-2. You file for B-2 on the day you stop working.

If I do have to go back to canada, is there another way of processing the b-2 w/o going to the POE. eg. just go to LAX airport (I'm in California)?
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You don't need B-2 if you go back to Canada: you simply stay in canada.

You get B-2 from within US by filing I-539.
 
Thanks for the advice Nelsona. I am planning on going back home to Canada and entering back into the states as a visitor as I don't want to pay the $300 filling fee for the I-539. I'm just like you said skeptical about them letting me back into the country as a visitor.

Hence, I wondered whether or not I could just ask my employer to keep me on the payroll so that it looks like I am still employed. Because as I understand, immigration will only find out that I got laid off if my previous employer reported it to USCIS. Is this true?

So from reading this and other forum threads, it seems like once a Canadian is laid off, their visa status (whether it would be a h1 or tn) expires effective immediately and that he/she would have to return to Canada. And if he/she wanted to pack his/her belongings, he/she would have to go to Canada and come back into the states as a visitor (B-2) to pack his/her belongings OR apply for a I-539 to remain in the states as a visitor (and pack his/her belongings). Either way, it seems like a $300 plane ticket or a $300 filling fee.

Am I understanding this correctly?

The out of status period is still ambiguous though - how can they expect people to leave immediately after they are laid off? WTH? leave your cars, house...all the belongings in the states? A lot of people have responded, with 5 days, 10 days, 30 days, 2 months...etc. I can't find this information anywhere on the USCIS website. Argh!
 
Concentrate on your personal immigration status, forget about H or L or any other visa status!
If I were you I'd pony up the $300 for the I-539 for a lot of reasons the best one is that once you file it you can stay and clean up your cars, house, apt lease and pack your belongings over a couple of weeks.
If you go to the border, exit and then attempt to re-enter as a visitor, you are playing with fire my friend. You need to understand if they decide not to let you back in you are hooped as your next entry will require you to show proof of ties to Canada, phone bill, apt lease, pay stubs from a job, etc.

TN is a TEMPORARY work status and as such you're not expected to have a mortgage, car lease, etc that you need to "take care of" when the work is done. The rules are the same for TN's in Canada as in the US. When the work is over your out.....
The 5 days, 10 days, etc to leave is purely discretionary I would not assume any leeway from DHS
 
I agree with webt, except that althiogh TN is temporary, I-539's for b2 -- for upto 6 months -- will be approved when asking to wrap up US affairs.

We've had enoufgh reports of re-entry being denied to warrant the warning we are giving here. STAY IN US until (a) you are ready to leave for good, or (b) have found another TN job.
And you are correct that the time frame to leave US is ambiguous... but you aren't really intersted in leaveing US, your aim is to stay here for the foreseeable future, hopefully to find work, not get an appartment in canada.

But just to clarify:

You are "out-of-status" from the day you lose your job.
You are "accumulating illegal presence" only after the date on your I-94.
You are "subject to 3-year re-entry bar" after 183 days of illegal presence.

So from a statutory standpoint, you a ren't in serious trouble until about 6 months after your I-94 expires.

However, from now until then, you are subject to be escorted out of the US, and your unwillingness to maintain status can be grounds for denial of entry on the grounds that you are a 'risk' to become illegal.


so, pay the $300.
 
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My I-94 does not expire until September 2009. So until then I am technically not in any deep trouble. However, in the mean time, I should apply for the I-539 to mitigate any trouble that could harm my relationship with the US.

Baahhh =( this is so irritating.



nelsona said:
But just to clarify:

You are "out-of-status" from the day you lose your job.
You are "accumulating illegal presence" only after the date on your I-94.
You are "subject to 3-year re-entry bar" after 183 days of illegal presence.

So from a statutory standpoint, you a ren't in serious trouble until about 6 months after your I-94 expires.

However, from now until then, you are subject to be escorted out of the US, and your unwillingness to maintain status can be grounds for denial of entry on the grounds that you are a 'risk' to become illegal.


so, pay the $300.
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You know the stupid part is that, even if I land a job within my field tomorrow. I would still have to go back to Canada to process a new TN1. ARG!!
 
Yes, but you would not have to worry about proving foreign residence.

Anyways, you always end up going to the border for a new job.
 
I'm in a similar situation in that I was laid off on Thursday (4/16) with no advance notice by my employer but my I-94 is valid until October. I will also be receiving a severance package payable at the end of this month. I was considering asking my former employer to keep me on the payroll/employee list after that in order to maintain TN status but based on the comments above it seems that this won't make a difference. It's possible that they could want to hire me back temporarily for some consulting work and I was wondering if changing from TN->B2 would make this impossible. Also, is it not considered improper for someone on a tourist B2 visa to be looking for work while in the US? Finally, my girlfriend (a US citizen) and I are planning on getting married later this year. I'd rather not have to change our plans (ie. marry earlier than planned) just because of this. I was wondering if these status changes (TN->B2->TN (potentially if a I get a new job offer with 6 months)->Green Card application) would be considered unusual or create problem for the marriage based Green Card application later this year. Thanks.
 
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