Employment termination

F

fif

Member
I am a Canadian on a TN which expires next year, however, the business I am working for is closing, so I will be terminated before the expiry date for TN, what is (are) my next options that available to me?
 
1. The first option of course is to find another job and get a new TN before the closure.
2. if you don't find a job before closure, and you wish to stay in US for a while, you should file an I-539 requesting B2 status on your last day of work. Your TN is no longer valid after that date, so you should get a valid status (filing I-539 will keep you in B2-pending legal status). Then, should you ever get a new sponsor, go to the border (or premium file an I-129) and get new TN, or prepare to leave sometime in the next few weeks/months (you can collect EI only if you go back to Canada).
3. Leave and go back to Canada within a couple of week after closure, handing in your TN I-94 to Cdn border officer and apply for EI.
 
Thank you nelsona

I believe option 1 and 2 suit me the best.....
If I get the B2 status, do you know how long it will be valid for? 3 months or 6 months?
 
It will be valid for up to 6 months, but you need to request that time. You will probably never get the result of the petition (it takes 5-6 months), but in that time you will have either left US or found another job. The I-539 petition keeps you in status, but is only valid while you STAY in US. So, once you lose your job, either plan to stay in US until you either find work or decide to go back to Canada. You can't go to Canada and then quickly come back as a tourist, as they will say that you don't have enough ties in Canada.
 
Nelsona, it will be easier for me to look for jobs from the US rather than it is in Canada, so I will start to look for new jobs I believe, so in case I want to file the I-539, what time is best to send it by mail? last day of employment?
 
Hi Nelsona, another question related to it, my last day of employment (store closing) is earlier than what I signed on the (termination paper), Which one do you think I should supply the I-539 on? the actual last day of work? or the one that I signed with the employer?
 
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