Laid off on TN visa, 60day grace period ending without a new job offer

R

Rorom

New Member
Hello all,
I need some advice. I was laid off end of December, my 60 day grace period is coming up next week. I planned on returning to Canada this week, however, I have just began getting some job interviews. My questions:

1. Should I return to Canada, will I be allowed to re-enter the US for a job interview? If so, how soon can I return?
2. Can I change my status to B2 by mail since my employment technically ended 2 months ago?
3. Which option is advisable for me, return and re-enter as a visitor or change of status to B2 by mail?

Thank you
 
My lawyer told me I had to file my I-539 to change to B2 status before my employment was terminated.
Take it for what it's worth.
You might want to a consultation on this one.
 
My suggestions:
1. If you return to Canada, I don't think the CBP will let you let you in for a job interview. You won't have strong ties to Canada (you need to own property, or lease an apartment, own a car in Canada, have a Canadian drivers licence, Canadian car insurance, etc)
2. Yes, my understanding your status in US is valid 60 days after your employment ends (or until I-94 expiry, which ever is sooner), since you have valid TN status for 60 days you can apply to adjust to B2 status to wrap up your affairs in US. (but must be done before 60 days are up).
3. I believe the safest option is to stay in the US until you have a new job offer and can apply for a new TN status.

in 2015, when I originally entered US for a job interview the CBP only asked my two questions, 1. What is the purpose of your visit?, I responded to go for a job interview, 2. How long are you staying?, I responded for two days. He stamped my passport with B-1 (temporary business status). I was surprised he did not ask more questions. I understand Air Canada shares your travel details with CBP so he could look in his computer and based on my passport number, he could see that i was flying on Air Canada back to Canada in two days. That is why he did not ask for any ties to Canada.
In your case, you lived in US and are only visiting Canada temporarily, so I am sure he/she will ask more questions and you cannot show strong ties to Canada (as far as I am aware).

Note, Grant2 lawyer is likely being most conservative and saying you need to apply for B-2 before your employment was ended.

Note more Canadian citizens overstay their legal status in the US than any other nationality. So they will question you in detail based on your travel history.
https://www.ctvnews.ca/canada/more-...y-other-foreigners-last-year-report-1.4047809
My understanding, you are valid 60 days after TN ends, then you can apply for B2 (visitor - tourist) for 180 days. (as long as your I-94 is still valid). You will be in legal status the entire time. Once you have a job offer, then leave for Canada and return with you new TN application.
Good Luck...let us know how it goes.
 
one more tip I read, is to file your I-539 by US Postal Service, Registered Mail, to request a confirmation that your application was received and received on time. (before your 60 days are up). I think it costs about $12 for registered mail, but it will be proof of your application was received.
 
Grant, now with the grace period, you can file B2 I-539 anytime in the ensuing 60 days, if your I-94 has not lapsed.
 
Dear All,

I am in similar situation. I have completed my I-539 form along with I-539a for dependents. I need to know where to file (USCIS Address)? There are
several filing addresses at USCIS website but none for TN / TD change of Status with attn: I-539. Highly appreciate a quick response.
 
You are applying for B2, not TN or TD. Since B2 it is not specifically listed, you send them to the "all other" location.
 
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