Lay off while in TN1

S

sainatarajan

Registered Users (C)
Hi Mr. NelsonA,

I have a potential lay-off situation. I am in Texas.

On getting laid off while on a TN1, how many days can I stay before I leave the US ? I have an apartment on lease, furniture that needs to be disposed off etc.

I know it is illegal to work for another employer in the US until I get a TN1 with the new employer. However, can I simply STAY in the US (without performing any work) for, say, one or two months before I get another opportunity and kick off their TN1 paperwork with the US Govt. Will this be considered as an OVERSTAY by the US Govt and cause issues when getting my subsequent TN1 at the US-Mexico border or by mail ?

Any help is highly appreciated.
 
Although Nelson will be more qualified but i'll tell you what i know about this

As far as your apartment or furniture immigration doesn't care

The underline day to leave is 10-12 days or so.( actually i have heard CBP officer saying this,but then again just 1 CBP officer)

it all depends on your company if they informed USCIS that they have terminated your job that can be a problem, in other word immigration would know when your job was terminated.

Thanks
 
The underline day to leave is 10-12 days or so.( actually i have heard CBP officer saying this,but then again just 1 CBP officer)
Click to expand...

There is no underline day or grace period.

the day you laid off is the only allowed day to stay in US, technically you are over staying from next day. But you are not accumulating the illegal days of presence until the expiry day of you I-94.

The best thing in your scenario is that you should applying for change of status to B2, that would gives you 6 months on B2 status and then either you can warp up your stuff or look for new a job and apply for another TN by mail.

Hope that helps.
 
If and when the layoff happens, I plan to go to India (where my family is) for a break.

Meanwhile, I will make efforts to secure another US-based job and return to the US with the new TN1 paperwork, say, in Jan or Feb 2010.

We left Canada in Mar 2006 and do not have "permanent" ties there except for couple active Canadian Bank Accounts. We do have "permanent" ties in India though (property, bank accounts, OCI passport, for instance) and have documentary evidence for those.

Now, my questions are

1) At the US Airport POE, do I need to show evidence that I have yet "permanent" ties in Canada?

2) Being a Canadian Citizen and an Overseas Citizen of India, can I get a TN1 at a US Airport POE by flying in directly from India and into the US (without going to Canada) ?

I dont find specific information on the above in the TN Law.
 
1. Yes. Unless you secure another TN, You will need to show permanent RESIDENTIAL ties somewhere outside US, which means bills, lease, phone, in your name at that address. the indian ties you mention would not seem to be sufficient. You will be entering US as a tourist after all.

2. You can get a TN at any POE regardless of where you are coming from, or any other citizenships. The problem is some US airport POE officers don't like to give TN, but some do.
 
Hi NelsonA,

Please help me understand your answer 1.

You are telling me that if I show RESIDENTIAL ties in India, say, Electricity Bills, Phone Bills or any other Utility Bills in my name, I can get the TN1 at the US POE? Right?
 
No. I am saying if you DON'T have a new TN job, or if your TN is denied, you will need to demonstrate all those ties just to enter as a tourist (b2). If you DO get a TN job, you don't need to show any outside ties.
 
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