fired; TN -> GC question

[knick400]

2 questions:

1. If you are on TN and then fired, what are your options? How long can you stay in the US? Do you need to get a B2 visa? As a Canadian, what do you need to do to get a B2? Right now, I'm thinking I can leave the US and quickly re-enter as a tourist, and stay for up to 6 months?

2. I realize this is more a propos for green card board, but: The TN is now 3 years. Is 3 years typically enough to get a GC (employer-based)? What are the potential risks of applying for GC while on TN? Can you switch employers while the GC application is pending?

 

[nelsona]

1. If you live in US on TN, then you need to FILE for B2 with I-539, the day you get fired. You should NOT go to the border, as you will most likely be denied entry, since B2 pre-supposes that you live and maintain residence in canada. I doubt that you have a lease/phone/electicity bill for a home in Canada right now, do you? File for B2; you can request up to six months to wrap up US affairs. Your being Cdn has no bearing on this. Hopefully you either find another TN job, or you deliberately plan your move back to Canada, instead of hastily going to the border with just the shirt on your back.

2. It doesn't matter how long your TN lasts. As soon as you file for GC (i-485) , you switch to EAD as your status. This takes 3-4 months. Realistically, you can only switch employers after six months of filing I-485. Befor then your sponsorship would likely be revoked, and you would not be allowed to work (no EAD and no TN). After the 6 month mark, your sponsorship aan't be revoked, and can be assumed by the next employer.

The change in TN length has really only made it simpler to stay on TN, not make it easier to get GC.