In between projects, clarity on the 60-day grace timeline

P

PaulCan

New Member
Background: I am with a recruitment/consulting firm (the employer) and foresee my project to end in the near future (thx to the mass layoffs everywhere). The employer says that they will get me on another project, but they won't pay me (as I am a contractor/hourly) until they find me another project.

Questions:
1: Do I have to leave the US within 60 days of the last day of my project? or can I stay longer/until my TN is valid?
2: If/when I leave the US, do I have to return my TN/ i-94 at the POE in Canada?
3: If my current employer finds me a project after 60 days, do I have to get another/new TN for the same employer?

Much appreciate a response and any suggestions.

Thank you
 
"The employer will not pay you until they find another project" - this method of employment (used to be called "being on the bench") is not legal anymore.

1. So when your project (and your pay) ends, your employment ends and you must leave US.
2. Yes
3. Yes, the new TN that lines up with your new project duties.
 
A big thank you for your response, @bigboy00,

A quick follow-up:

1: Leave within/before 60 calendar days correct?

2: Since my employer and myself will be actively working to secure the next project and as such I will have to come back to the US occasionally or frequently or if possible stay put in the US longer (economic and logistics pov) till I secure employment. I heard that in the event a person needs to stay longer s/he can change to B2 status (form i-539) - Would this be an or only option to extend the stay?

3: I understand if I change employer I need a new TN. But, my TN is assigned to my employer and not the end client - the client can change (usually often does) - while duties stay the same. Since the TN is valid, wouldn't it make more sense to use/keep the same TN in this scenario?

Much appreciate your help and advice!
 
1. Leave as soon as you can after your employment ends. This is a grey area - you should leave within reasonable time (e.g. ~30 days). I wouldn't recommend stretching it too much, unless you absolutely need to.

2. Yes, you can use I-539 to extend your status (change from TN to B2; if you do not want to leave the US) since your TN ends on your last day of employment.

3. Yes, your TN is tied to your employer. You could use the existing TN if a) If you have second project lined up immediately after your existing project ends AND b) your TN letter that was used to obtain your existing TN does not mention anything about the client you are working for.

>>Since the TN is valid, wouldn't it make more sense to use/keep the same TN in this scenario?
TN does not allow remaining in the US while you are looking for work (which you will be doing). And that's the reason TN won't be valid once your employment ends (while you do not know when the next one will begin).
 
Thanks very much, it's helpful.

I do get what you're saying, here are my thoughts.

If we think through practical scenarios of how long it may take for people to wind up and move especially if they have kids, parents, houses, and other commitments. So, while 60 days is a good time frame, at times people may need even more time. I guess every situation is unique, isn't it?

This is from USCIS site:

1675824173323.png

It doesn't say giddy-up and leave within 30 days after employment ends. Also, nowhere it says that one shouldn't do a search within this time frame. I think USCIS gets that we're human after all and also pay taxes :)

Appreciate your input!
 
>>It doesn't say giddy-up and leave within 30 days after employment ends. Also, nowhere it says that one shouldn't do a search within this time frame.

It is in your best interest to leave as soon as you can - that's all. If you need more time, then file I-539. But without filing I-539, being in the US until your last date of TN - which has already expired when your employment has ended - to search jobs is not allowed. Good luck!
 
It may not be in your best interests to leave before your grace period ends. Grace period means just that. Use it if it is to your advantage, especially if looking for other work. Moving out of the US may be for nothing.

And you are allowed -- in fact you are expected -- to look for work during your grace period. the quote from the USCIS website even says so.
 
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