Job Loss while on TN (Grace Period + B-2 ?)

C

cdnontn

New Member
I'm a Canadian living in the US on TN Status.

I was let go from my job last week, I've read there is a 60 day grace period, during which one can file for a B-2, and that that may or may not get denied but given the current backlog, one should expect a response time greater than 6 months anyways.

I have significant savings and severance, so let's assume money and insurance is not the issue. I'm trying to understand if I need to scramble to find "any (eligible) job" within the 60 days or if I have for all practical purposes closer to 60 days + 6 months and can therefore be a bit choosier and prep properly for my interview(s)?

In filing for the B-2, I've lived in the US for many years on TN. I've read that I simply put "winding up affairs in the US" or something similar. Does it need to be more detailed than that one sentence?

Assume my next job will most likely be TN but may be H-1B, are there any pros/cons to changing status (to TN or H-1B) while still in the grace period, vs doing so while in "B-2 Pending" status?

If I "flagpole" at the border during my grace period and the new TN gets denied for some reason, am I stuck in Canada? I cannot reenter on the grace period, correct?

Any benefit to hiring a lawyer for the B-2?

Sorry to ask several questions, the 1st question is most important to me.
 
Last edited:
Lots of questions, which by your comments, you have previously found most of the information.
The grace period is for you to either get a new status (TN ot whatever), or leave. If the 60-day grace period is insufficient for either of these outcomes, you can ask for a B2 (I-539) as you near the end of the grace period. Assume it will be denied, and that you will have either found a new job or left well before you get the approval/denial notice.

No need for a lawyer to get involved. As I said, you are merely filing I-539 as a stop gap. You should have no intention of remaining in US for very long, starting now.

You cannot leave the US from now until you get a job and expect to be quickly re-admitted. Your grace period is only while in US, your I-539 would be automatically cancelled, and you would likely not be granted B2 entry at the border until you re-established a foreign domicile.

many consider it safest to have your new employer file an I-129 (Premium Processing) with you remaining in US, rather than venturing to the border, as this puts you outside the US with no standing to re-enter, should your TN petition fail.
 
Thank you. So is there any point in trying to file a "good" B-2 application that is less likely to be denied?

For example, are you ever asked if you have been denied a visa by USCIS?

I searched the forums and only found one instance of a B-2 being denied, wasn't clear why it was denied. I know you advise assuming it will be denied, in practice though, what are the odds? And is it fair to say it will take 6 months or more to get a response?
 
There is no "good or bad" B-2 application for someone who has no foreign ties. You are allowed to file for a six month term to "wrap up affairs". No lawyer or "expert" is going to be able to prep anything more than that. You shouldn't care about B-2 approval or denial, because you will either be working again or be back in Canada. Focus on job search rather than some B-2 that is not very useful to you except that filing I-539 keeps you "legal".

At this point you should be using your grace period to both move away and find TN. At some point -- 2 months from now, 4 months, 6 months -- you should come to the realization that you aren't getting a new job in US, and should be ready to move.
 
You must log in or register to reply here.
Top