Resigning a job

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How long can a TN holder and his family (TD holder) stay in the US after resigning a job, before returning to Canada. TN does not expire until next year. Are they considered out of status after the 2 week notice peiod is over. Do we need to file a form with the USCIS?
Thanks.
 
Generally they do have a 10 day grace period once you terminate your employment for the job. Anything after you need to switch to the B2...
 
warlord said:
Generally they do have a 10 day grace period once you terminate your employment for the job.
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There is no grace period. The 10 days comes from the H regulations, that allow an H alien to enter the US 10 days before the start of employment, and they have 10 days afterwards to leave.

It does not apply to premature termination.
 
TheRealCanadian said:
There is no grace period. The 10 days comes from the H regulations, that allow an H alien to enter the US 10 days before the start of employment, and they have 10 days afterwards to leave.

It does not apply to premature termination.
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Lots of mis-information out there for sure. That one has been going around for years and seems to be the staple response. Yes there is no 10 day grace period. However, I haven't heard of anyone having issues waiting a week or so to apply for a B2 once their TN's have been terminated either. I think INS is pretty lenient on giving it a 10 or so 'psuedo grace period'. Anything after a few weeks on the other hand, they'll be sure to start questioning.

Can someone get a B2 at another location other then the border? If not, it might take people a few days to get to a border from where they live to obtain the B2...
 
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warlord said:
Yes there is no 10 day grace period. However, I haven't heard of anyone having issues waiting a week or so to apply for a B2 once their TN's have been terminated either.
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That's absolutely true. It's important to understand the difference - since there is no grace period, if USCIS denies your change to B-2 because you were out of status they are entirely within their ability since it's discretionary relief. In most cases they apply discretion, but they don't have to.

Can someone get a B2 at another location other then the border? If not, it might take people a few days to get to a border from where they live to obtain the B2...
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Under NO circumstances do you go to the border to get a B-2. You file an I-539.
 
TheRealCanadian said:
That's absolutely true. It's important to understand the difference - since there is no grace period, if USCIS denies your change to B-2 because you were out of status they are entirely within their ability since it's discretionary relief. In most cases they apply discretion, but they don't have to.



Under NO circumstances do you go to the border to get a B-2. You file an I-539.
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It has occured infrequently that a B2 is issued at the border under these circumstances, usually as a result of begging to be let in, and issued for a few days.. However, leaving the country (which is in fact what you are doing when going to a border POE) is not recommended unless and until you are ready to stay in canada. this could easily see you separted from anything and anyone you left behind in US.

Filing I-539 on the day of dismissal/layoff/resignation/expiry is the proper course.
 
Ah ok, I've had friends who were still on TN's asking about that awhile back and I was unsure as I never left my job or ever filed for a B2 while on a TN. Next time someone asks I'll just tell them to file it then in the mail and not to drive to a border.

So with that, say a Canadian was going to take a year off and travel the US. For them to get a B2 would they obtain it at the border or would they file for it inside Canada and then get that by mail as well? Or would they just go to an embasy?
 
say a Canadian was going to take a year off and travel the US. For them to get a B2 would they obtain it at the border or would they file for it inside Canada and then get that by mail as well? Or would they just go to an embasy?
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If you're talking a Cdn quitting a US job and touring the US, he would only be able to do it for six months on one mail-in, since he would not be granted an second extension past 6 months. By then he would have to go out of US, establish residency elsewhere and then come back

If he lived in canada and wanted to tour the US, he would get 2 six month entries, at the border. It is unlikley that he would get a mail-in extension approved. Getting one at the border would not be a problem, since his residence ties would still be in Canada.

The issue for TN to B2 is that usually the worker DOESN'T have or want to have all the ties in canada in place at the time of giving up TN. so they can't go to the border; they need to mail-in.
 
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