Laid off -> applied for B2 status -> Going for new TN before i539 has been processed

M

mollym

New Member
I had valid TN status until I was laid off from my previous employer. I submitted form i539 2 months ago to request a change of status to B2, Visitor, but my application has not yet been processed. According to the USCIS website my form may not be processed for at least another month or 2.
I have been offered a new job and will attempt to obtain TN status next week at the border.
Can anyone suggest steps I should take to avoid problems either at the border or 2 months later when I have TN status (with new employer) and my application for B2 finally goes through?
 
You have acted perfectly up 'til now:) .

To avoid trouble at the border, take along a copy of the receipt notice for your I-539. This along with some proof of when you lost your old job, will show that you remained in status.

Do make sure that your TN application is without problems/mistakes/ommissions, as there is no requirement on the border agent to let you back in if he does not approve your TN. It is unlikley that you would be able to satisfy them that you have residentila ties in canada sufficient to allow entry as a tourist.

Your departure from US (make sure you leave US before going to the POE) will kill your I-539, which is fine. You will then want to make sure of this however, by sending a letter, quoting the I-539 number, to formally cancel your i-539. This will avoid it coming back at you later.
 
nelsona said:
Your departure from US (make sure you leave US before going to the POE) will kill your I-539, which is fine. You will then want to make sure of this however, by sending a letter, quoting the I-539 number, to formally cancel your i-539. This will avoid it coming back at you later.
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That sounds like a good plan.

Thank you, nelsona:)
 
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