Is there a grace period after job terminated?

N

nancyliu

Registered Users (C)
Hi, all,

How soon do I need to leave US after my job terminated while I am on a TN visa? Is there a grace period? Thanks.
 
There is no grace period. You are out of status the moment you stop working.

Now, being out of status for a few days is not terrible. However, if you were to wish to remain in US for a time (say, more than a week) after your TN ends, particularly if you wish to look for another job, you are supposed to file an I-539 to request B2 status to wrap up your affairs IMMEDIATELY upon stopping TN (the same day) -- and then stay in US until you either leave for good or find that next job
 
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I got lay off today and I hope to find a new job before to move or look more where are the better opportunities for me...than I have to file an I-539. But do if I stay and look for a job from the US I can have unemployement paiement? How much it cost to fill a I-539?

Thank
 
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You are not eligible for UI when you have a temp visa (you have no status without job). You are not considered 'ready and able' to work. You need to go back to canada to collect UI/EI.

The cost of I-539 is available on uscis website, along with the form.
 
Thank you Nelsona. I found the form and the fee but the B-2 visa is for someone that intend to stay more than 90days in the US as a visitor...I will be out the US before that...before Christmas for sure. Do I have an other option? Like stay here and just give back my visa when I go out in a couple weeks, go to an airport or call the uscis?

How I can reclaim UI in Canada if I didn't work and pay tax over there since 2006?

Also my employer continue to pay for my medical insurance and dentist throught the end of December, do it really can or because my visa is expire with the end of the job it's not possible?

Thank for you help. I'm still in shock by the situation same if I knew with the economy my actual visa will not have been renew in April...it come faster than expected.
 
Re-read my original response to this thread:
Now, being out of status for a few days is not terrible. However, if you were to wish to remain in US for a time (say, more than a week) after your TN ends, particularly if you wish to look for another job, you are supposed to file an I-539 to request B2 status to wrap up your affairs IMMEDIATELY upon stopping TN (the same day) -- and then stay in US until you either leave for good or find that next job
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Christmas is more than 2 weeks away, no? The B-2 is for anyone, regardless of how long they wish to stay, upto 6 months. There is no mimimum duration.

As to UI, there are many posts on getting Cdn UI after having worked in US. Go the the hrsdc site
http://www.hrsdc.gc.ca/en/ei/information/outside_canada.shtml
You need to go back to canada to collect however.

And your (former) employer is quite free to continue your medical covergae is their policy is to do so.
 
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Thanks Nelsona. I will go by plane for a 2-3 days trips in Vancouver,BC this week. I will give me I-94 on my way out of US...and just told them that I'm going to pack and come back in Canada soon on my way back in US...I hope not to have any troubles.

I wreck my motorcycle today...I think I will have to have it solve with insurance before moving back...I'm fine but the bike is in bad shape and it will be hard to move it if it need to be fix first...if it's total it will maybe take less time...

Thank a lot!
 
Thanks Nelsona. I will go by plane for a 2-3 days trips in Vancouver,BC this week. I will give me I-94 on my way out of US...and just told them that I'm going to pack and come back in Canada soon on my way back in US...I hope not to have any troubles.
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I would expect trouble, since you have not established place to live in Canada; they will assume you will be looking for work. I would NOT be leaving US until I'm ready to stay in Canada.
 
nelsona said:
I would expect trouble, since you have not established place to live in Canada; they will assume you will be looking for work. I would NOT be leaving US until I'm ready to stay in Canada.
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I'm going back to my parents place so far. I have an adress and everything but it's in Quebec. Thank for your advice.
 
"an address and everything" means a copy of phone bill, hydro bill, lease, driver's license, car plates.

You have this?
 
This is what not to do. Years back we had a family friend who was in the US on a TD and her husband (TN'er) lost his job. They remained in the US while he tried to find another job (without knowing the rules apparently). She and her husband and kid crossed the border to Canada for a visit to her parents and well, that was it. She was denied entry back into the US, they were in the process of moving inside the US and had things in storage and downpayments for a new house etc. and ended up loosing everything because of it.

Not a wise move...
 
... and note that the situation described above is not aleviated by simply filing I-539 for B2 while in US. You must do this, of course, but once you leave the US that I-539 is of no use, and being allowed entry will be based on residential ties outside US and the assessed risk that one will overstay.
 
Thank all. I didn't wanted to fill I-539 because they are processing April 2008 now and it cost a lot of money. I will do it than because I don't want to stay in YVR...same if I have phone bill in Canada but it maybe not enough. I was just thinking I will be like a blue birds but no chance to take.

Thanks.
 
The fact that they are only processing April 2008 is unimportant to you. Once you file, you are in B2-pending status, which is all you need. Your copy of your Receipt Notice will do just fine in keeping you in status until you go back to Canada for good.

Filing is what you need to do, you don't care about approval. And time is running out for you to file: you are supposed to do it the day you are laid-off.
 
Thank I'm filling it but I'm not sure what it mean:

-Are you, or any other person included in this application, now in removal proceedings?
I'm in the process of moving do I answer yes?

-Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
I worked with my TN than if I understand right I should say yes?

Thank for your help. Do I'm better e-filing?
 
No and No


Removal proceeding are Court proceedings, so "no" to that one.

The other question is regarding illegal work, so the fact that you are submitting an old TN is sufficient to show that you were not working illegally, so the answer there is 'no' as well.
 
I mailed everything today with the original I-94 from my passport. I tried to e-file but it doesn't want because I don't have a A#. How many time it take before I receive a confirmation?

Thank for all.
 
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