How new USCIS regs affect TN

nelsona

nelsona

Registered Users (C)
Under new regs which come into effect Jan. 17, 2017, there are some changes that "help" TNers:
http://www.shusterman.com/shustermans-immigration-update-december-2016/#2

Two I noticed are
1. that TN now have 60 days to change status when losing their job. This avoids having to quickly file an I-539 on the day of dismissal to remain in status, or prepare to leave. So you can look for work and/or ready yourself to leave over a 2 month period without fear.
2. DHS now formally institutes a 10-day grace period at the BEGINNING of TN, in order to settle in. So now there should be no reason to be turned away from border for requesting TN 10 days early. This could however embolden CBP officers from denying TN entry until that 10 day period. Up til now it was solely at their discretion. We'll see.
 
As an example, If someone gets laid off then he can stay in U.S and apply for I-539 on or before 60th day. Then assume 4 months for I-539 decision. And if approved then B2 for 2 months. So in total of maximum 8 months of possible stay before someone needs to leave U.S. Is this correct?
 
Not quite. When you ask for status, it is from that day, so if you ask for 2 months B2, you are expected to leave beforet he 2 months, nit wait until the approval, and then add 2 months. One NEVER waits for the approval notice to arrive when doing one of these B2 requests.
So, you could get 8 months in US after lay-off, but only if you asked for 6 months on the b2 request sent in on day 60 -- and that 6 month duration was approved.
 
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