Laid off while under TN, filed i-539, have new job offer, still in USA; options?

T

tnapp334

New Member
Hello,

On Jan 27 2017 I was laid off from my TN position. The 60-day grace period ended Mar 28 2017. Just before the end of the grace period, I filed the i-539 form to request a change to B2 status in order to wind up affairs in the US and move all my things out of the country. I sent in that RFE around Jun 20, and it's pending right now.

Earlier this week I received an offer of temporary full-time employment with a US employer. They say the position for now is a 3-month temp but full-time position, with the strong possibility of extension. I believe this would be a W-2 position. Now, since I'm out of TN status as of Mar 28, and I'm now B2-pending with the RFE sent in, I'm not sure what I'm supposed to do to go about getting a new TN. I am based in the Seattle area, and have been renting at the place I've been at for over a year, even since the layoff. I am pretty sure I am still legal; my i-94 form for my last admittance states May 2019, but that was before the layoff happened. Also I am complying with i-539 requirements that say I must stay on US soil while that form and any RFEs are pending. So that's what I've been doing.

Now I have this new job offer though and I require a new TN Visa. I'm still awaiting the formal offer letter as well as the properly-worded TN letter indicating how the job applies under NAFTA. I don't know where I should go though, or how to explain my situation to a CBP officer. I know there is a US POE in downtown Seattle, would I be able to go there? Or should I go all the way to the border and apply at the Blaine POE? If I got to the Seattle one, will they wonder why I'm applying from within the US, and then question whether I'm here illegally? I know I'm not illegal, since I've done everything correctly according to the forms. But will my situation be viewed as fishy by CBP? I don't want to risk denial, I don't know what would happen if I'm denied at the Seattle POE. Should I tell them that I have a pending i-539 and have sent in an RFE, but then right after just recently been offered new employment and require a new TN? Will CBP accept this explanation and my situation?

Thanks in advance for any help.
 
Like anyone in legal status in US (you are in legal B2-pending status) you have the choice of going to the border (not at an internal POE - you must be entering US), or filing an I-129 by mail to get TN. You would submit proof of your previous TN and B2 filing in either case. The RFE is not important.

Your situation os not at all unusual, and is greatly helped by having filed for B2. Your proximity to the border would make border TN the best option for you.
 
Why wouldn't I be able to use an internal POE, i.e. the one in downtown Seattle? Is there a legal issue with this? And also, this initial offer is for only 3 months, but the job description said there is a "strong possibility of extension". I'm pretty confident I will get this employment extended, but at this point in time, the company is offering me the position for 3 months. Does this mean that the CBP guard will grant me a new TN for a whopping 3 months? This isn't really ideal for me, and if/when the employment extension happens, will I have to go to the border all over again in 3 months to get yet another TN? Is there any way I can be granted the TN now for a year or more? My last one was for 3 years but that was with a full-time position with no set time on it. For this one, the offer letter will say 3 months, but they'd probably keep me on for extension.
 
as Nelsona mentioned, you need to be "entering" the country. If you go to the internal POE, you are already in the US. You can try if you wish but they will not process your application.

As for your question about how long will you get the TN for ... it will be for the duration on your TN letter. If it says 3 months, you will get it for 3 months. If they extend, you will need to get a new TN OR maybe get them to give a letter that states the intent to hire you for a longer period of time. Full time or part time doesnt matter here (talking in context of your earlier 3-yr TN for a FT job). Even if you had a 3-yr part time position, you would have still gotten the TN for 3 years if that is what the letter said
 
There is no point "trying" to get a TN at Seattle port. One has not left US. If you want a longer TN, then get a letter that requests a longer employment.
 
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