How much time to you have after you resign.

pasar

Registered Users (C)
Hi,
I'm canadian working in the US on a TN work permit.
If I resign from my job, how many days/weeks do I have before I must leave the US? What is the grace period?
Urgent reply desired...
Thanks!
 
If you leave within 10 days you will be fine. There is no statutory grace period for TN, but adherence to the principle of 10 days found in the H1 statutes is good practice.


If you wish to stay in US beyond this, you should file I-539 for b2 status the SAME DAY you resign.
 
Thanks so much for your quick reply!
1. I will be giving 2 weeks notice when I quit. Should I file the I-539 the day I resign or on my last day at work? I would like to stay in the US for 3 or 4 weeks after my last day of work.
2. Also, can you advise the process for filing? Would that require a lawyers involvement or can I submit it myself-- and if so, where would I take/mail it?
3. Finally, would 'tourist status' allow me to remain in the US for 3 - 4 weeks?
Thanks!
 
1. The last day of work.
2. e-file, no lawyer.
3. You B2 request can be for as long as six months. The expectation is that you will have left US long before you hear about approval. The moment you leave US the petition dies.
 
Thanks so much!

Where to e-file the B2 request? ( I accessed the I-539 at uscis.gov but don't see an indication of where to efile there. )

Finally: If I resign, file a B2 on my last day of work, leave the country 4 weeks after that (approx March 1st) , then return to the US 2 months later (approx May 1st) for a 2-week tourist visit, will I be likely to be granted entry ?
 
You'll need to look harder to find the I-539 e-file. It's there.

Your plans seems OK. Note that, given your 3-4 week time frame in staying in US after you resign is not that long, filing I-539 is optional in this case, especilly if your I-94 has a future date. However it is my experience that many people first think that they will head back to canada and then change their mind and stay in US looking for work. The I-539 covers you if you would stay longer.
 
I currently have a TN valid until 2013 and definitely plan to leave the US 4 weeks after leaving my job.
Confirm it's not necessary to file I-539 for a 4 week overstay? Above you previously said only 10 days is good practice...
 
You are not accumulating days of illegal presence, and you do not seem to have any intention of wanting to get another TN by mail, so I would forego mail-in, in your case.

Be aware that if questioned by authorities during this period, you would have to truthfully state you are out-of-status. But once you cross into canada, you are absolved of any minor overstay.
 
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