Losing Job on TN visa and switching to B1 status

Hi All,

I was wondering if someone can help me understand what needs to be done if I lose my job while on a TN visa and how to switch to visitor visa for myself and my dependent on TD visa. If I lose my job I just want to be able to buy some time to pack my things and make some arrangements.
 
Please do not ask for a specific responder, and be patient.

First, you have 60 day grace period in which you can leave, find another job, or switch to B2.

You switch to B2 by filing aN i-539, requesting B2 to "wrap up US affairs". You may ask for upto 6 months, but the expectation is that you will have resolved your status (either by leaving or getting another job LONG before then, as it takes months for the I-539 to be approved. You are merely filing to stay in legal status not to actually get the B2.

Do not leave US once you file I-539 or it becomes abandonned.
 
Please do not ask for a specific responder, and be patient.

First, you have 60 day grace period in which you can leave, find another job, or switch to B2.

You switch to B2 by filing aN i-539, requesting B2 to "wrap up US affairs". You may ask for upto 6 months, but the expectation is that you will have resolved your status (either by leaving or getting another job LONG before then, as it takes months for the I-539 to be approved. You are merely filing to stay in legal status not to actually get the B2.

Do not leave US once you file I-539 or it becomes abandonned.
Thanks for your quick response. I was in a difficult situation hence I tagged you. My TN status currently expired , but my current employer filed an i-129 for renewal before the TN expired. I have only received an I-797, not any response from USCIS. Would the same I-539 situation apply in this case?
 
Yes. You would include the I-797 as proof of filing I-129. You would only file I-539 if you get laid off, of course.
 
Thanks Nelsona..and wanted to confirm that the 60 day rule is standard and not discretionary. (There is information of a 10 / 60 day grace).Regards.
 
Do not leave US once you file I-539 or it becomes abandonned.
I am not sure why you say that one should not leave the US while the I-539 is pending. While it does become abandoned, it still serves its purpose of protecting the applicant from unlawful presence since it was pending during the period that they were in the US.
 
Thanks Nelsona..and wanted to confirm that the 60 day rule is standard and not discretionary. (There is information of a 10 / 60 day grace).Regards.
The 10 day grace period is normally given in the form of an I-94 that expires 10 days after your petition. It is "discretionary" in the sense that CBP/USCIS could always theoretically give you a shorter I-94. In all cases, you have to leave when your I-94 expires (unless you have a pending application for status).

For TNs at the border, there is no petition so the 10 day grace period is not relevant.

The 60 day grace period applies when your I-94 is unexpired. It is "discretionary", in the sense that if you file for change of status or extension of stay during the 60 day grace period, USCIS may deny it, but this is rare and I am not aware of it having ever happened. Now, if you use the 60 day grace period just to wrap up your affairs and leave the US, you should not have any issues.
 
wagecuck,
I didn't say not to file I-539. The purpose of filing the I-539 for B2 is to prolong one's stay in US, presumably to find another job or wrapping up affairs. By leaving US, after long period on TN residence, then one will need to re-establish foreign ties, before being readmitted on B2. This may take time, and would make one a Cdn tax resident once again, which may not be desired, and perhaps unwantedly would separate one from their US possessions for a time.

Of course if one wants to leave US after filing I-539, they can, but realize the consequences of abandonment is not being immediately able to return.
 
Each B2 application is independent. There process would continue. only the primary's would be abandonned
 
Each B2 application is independent. There process would continue. only the primary's would be abandonned
Curious (not sure if this is the case from the questioner) - does this apply even if one i539 was submitted for the family - do the i539A forms make them independent?

Multiple Applicants
You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for the same extension or change of status, but only if you are all now in the same status or they are all in derivative status. You must complete Form I-539A for each person that you want to include on your application.
 
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