My contract going to terminate by client in two weeks

[kite2020]

I have TN(I94) till May 2015 however client told me contract going to end on dec 18th. Other client manager told me he may gave me 1 year contract but only in new year, as process not started yet.

Should I file 539 application to switch to tourist visa or wait till jan 2016 second week, offer may come or may not. If it comes can I just withdraw the application.

And one more thing is there anyway I can stay till first week of June 2016 on tourist visa so that my son complete school, as I am loosing interest in getting new TN due to uncertainty.

Scenario 1
get new contract by Jan 15 2016--existing TN-I94 anyhow will expire in may2015 first week, still need 30-40 days(TN/any other visa) till June 7, 2016

Scenario 2 dont get any contract after dec 18, 2015 so just to maintain status of family till june 7, 2016( six months) go on tourist. I can move to canada for work , visa is just for family status.

 

[nelsona]

If you intend at all to stay in US until June then you MUST file the I-539 on time in the next 2 weeks and then remain in US until June. It can only be for 6 months however. Each of you gets their own B2, Your current I-94 is of no value if you lose this job, regardless of the date. Once any of you leave US after you lose your TN job, ypu will not be easily readmitted. The B2 is only to STAY in US.

If you subsequently get a TN, you go to the border, get a new TN, and then cancel the pending I-539. If instead you go to Canada to work (by yourself only), then you will not be allowed to re-enter US until you show that you have resumed living in Canada (lease, utility, car plated, job).

 

[kite2020]

Thanks, Nelsona for quick reply.

"Each of you gets their own B2"
Are you suggesting two applications, one for me and one for family?
As I remember in the form it ask for how many people on the application and their current visa status and desired visa.

 

[nelsona]

No, it is one application. However each B2 that is issued is not tied to the other (not like TN/TD). If you leave US (thus ending your B2 whether pending or approved) your family members' B2 are still good.