Status change application to B2 got denied...
- Thread starter hflying
- Start date
nelsona
Registered Users (C)
If you are not working you are subject to removal for being out of status. As I asaid above, you are not accumulating illegal days, but any questionning at the border would reveal that you overstayed, making it unlikely that they would grant you TN. You wouldn't be subject to automatic bar, but would be viewed as untrustworthy.
thank you, CanadaToUSA, nelsona for your reply. I will file I-435. but i have another question, about 4 years ago when I became canadian citizen, I drove to US and visited some places; at the border they just checked my passport and asked me some questions like how long would I stay in US and where were to go and let me go into US; they didn't issue me a visitor visa and didn't stamp anything in my passport.
So I am thinking this time can I drive back to Canada to stay several days and then drive into US? in this case am I automatically be visitor just like 4 years ago? If I can do things like this, I save $300. thanks!
So I am thinking this time can I drive back to Canada to stay several days and then drive into US? in this case am I automatically be visitor just like 4 years ago? If I can do things like this, I save $300. thanks!
nelsona
Registered Users (C)
Anytime a Cdn enters US as a tourist, they are entering on b-2, which pre-supposes they have a home in canada.
When you did this several years ago, the officer was able to determine that you were a Cdn resident. No doubt you had a provinial license plate for one thing. he correctly assumed yopu lived in canada... AND were going to head back to your home, job, family,etc.
Now, assuming you did what you wer supposed to do and formally bring your car into US and get it platerd there, he's not going to assume you live in canada. Also, he may ask you 'where you live'. Are you going to lie? He's going to ask you the purpose of your visit. Are you going to lie? You cannot say "I'm going to look for a job". Also, he will ask you "how long will you stay". Do you know. If you don't he then start asking himself "what makes me think this guy is going to return to canada at all", and he'd be right.
Just file the I-539... not I-435 or whatever highway that is.
Cost: how much is it going to cost you to drive to canada and stay there a few days.. and risk not getting back on top of it.
When you did this several years ago, the officer was able to determine that you were a Cdn resident. No doubt you had a provinial license plate for one thing. he correctly assumed yopu lived in canada... AND were going to head back to your home, job, family,etc.
Now, assuming you did what you wer supposed to do and formally bring your car into US and get it platerd there, he's not going to assume you live in canada. Also, he may ask you 'where you live'. Are you going to lie? He's going to ask you the purpose of your visit. Are you going to lie? You cannot say "I'm going to look for a job". Also, he will ask you "how long will you stay". Do you know. If you don't he then start asking himself "what makes me think this guy is going to return to canada at all", and he'd be right.
Just file the I-539... not I-435 or whatever highway that is.
Cost: how much is it going to cost you to drive to canada and stay there a few days.. and risk not getting back on top of it.
I totally agree with what nelsona suggested. My ex-employer told me they usually don't report TN layoffs to the authorities, but they do for H1s --does it mean the government wouldn't know that a TN worker was laid off and he/she can stay as long as I-94 does not expire? Anyway, I didn't want to take a risk and just filed I-539.
Nelsona, when a person is to be removed, does it matter where he/she will go? I mean any other country than Canada. I think they just care the fact of leaving US, right? Thanks.
Nelsona, when a person is to be removed, does it matter where he/she will go? I mean any other country than Canada. I think they just care the fact of leaving US, right? Thanks.
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TheRealCanadian
Volunteer Moderator
No, it means you're less likely to get caught. Is it legal to drive 55 in a 45 zone just because there isn't a traffic cop there?
Hell Yeah!.....coz, if a tree falls and there's no one around to hear it, did it really make a sound?.....LOL!...just had to throw that in the mix
nelsona
Registered Users (C)
We are talking about the difference between being out-of-status, and being illegally present.
The only thing that makes you illegally present is staying beyond your I-94 expiry, or beyond a date on which you have been officially told to leave (like in a denail notice).
to make the point, did you know that it is impossible for a cdn resident who drives to Buffalo to shop, and does not get an I-94 to EVER accumulate illegal presence, regardless of how long he stays? Does that mean that Cdns should come flooding accross the border? No, because they would still be herewihout status and subject to removal, and CBP would note this and refuse entry in future.
The only thing that makes you illegally present is staying beyond your I-94 expiry, or beyond a date on which you have been officially told to leave (like in a denail notice).
to make the point, did you know that it is impossible for a cdn resident who drives to Buffalo to shop, and does not get an I-94 to EVER accumulate illegal presence, regardless of how long he stays? Does that mean that Cdns should come flooding accross the border? No, because they would still be herewihout status and subject to removal, and CBP would note this and refuse entry in future.
Hi,
About filing I-539 to change to B2 before expiring TN, i have a couple of questions, if you don't mind.....
Let suppose that my TN status will expire in a couple of days, so i filed the I-539 to get some extra time to look for another job, at the end i luckily find another job before receiving response for my I-539 petition, so then, my new employeer asks me about what to do to get the "new" TN.
1.- Could i include spouse and kids in the same I-539 (for the same fee) at the time i applied to B2?
2.- To get TN with the new employeer after i filed I-539 and before receive response of B2 petition, could he file the I-129 by mail (the same way as getting an extension of TN or changing of employeer) or i need to get back to the border and ask for a new tn? If it the case that employeer could file I-129 by mail, do i need to file I-539 for family at the same time?
3.- Same as question #2, but now imagine that i'd already received an acceptance of my previous I-539 and have a job offer, so i think that in the moment i got accepted my status changed to B2, does this affect to file new TN with I-129 by mail?
Thanks in advance
About filing I-539 to change to B2 before expiring TN, i have a couple of questions, if you don't mind.....
Let suppose that my TN status will expire in a couple of days, so i filed the I-539 to get some extra time to look for another job, at the end i luckily find another job before receiving response for my I-539 petition, so then, my new employeer asks me about what to do to get the "new" TN.
1.- Could i include spouse and kids in the same I-539 (for the same fee) at the time i applied to B2?
2.- To get TN with the new employeer after i filed I-539 and before receive response of B2 petition, could he file the I-129 by mail (the same way as getting an extension of TN or changing of employeer) or i need to get back to the border and ask for a new tn? If it the case that employeer could file I-129 by mail, do i need to file I-539 for family at the same time?
3.- Same as question #2, but now imagine that i'd already received an acceptance of my previous I-539 and have a job offer, so i think that in the moment i got accepted my status changed to B2, does this affect to file new TN with I-129 by mail?
Thanks in advance
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nelsona
Registered Users (C)
1. (which seems to have nothing to do with your scenario) is YES. 1 I-539 for all.
2 and 3. While you *could* be issued a new premium TN by I-129 under either circumstance (under 3 there is no question you would), I would be going to the border in either case. Not simply a matter of cost, but just the chances of getting a delay due to RFE, on either the previous TN or the B-2 are too likely. (after all, you want to start work quickly).
The B-2s your family would have would not be invalidated by your new TN, so they could go to the border (or file for TD) later, whenever they wished.
2 and 3. While you *could* be issued a new premium TN by I-129 under either circumstance (under 3 there is no question you would), I would be going to the border in either case. Not simply a matter of cost, but just the chances of getting a delay due to RFE, on either the previous TN or the B-2 are too likely. (after all, you want to start work quickly).
The B-2s your family would have would not be invalidated by your new TN, so they could go to the border (or file for TD) later, whenever they wished.
Thanks nelsona,
You're right about the time delay, agree that 3 months is too long, but i forgot to say that i'm mexican and fees are much higher and processing time is not that fast as in canada because you need to set an appointment at the US Consulalte, like 2 weeks of waiting when applying at the border for new TN (need to pay fees for nonimmigrant visas $131 each plus issuance reciprocal fees per year per family member, so it would be like $1,500 for a 4-member family), maybe with this explaination it makes sense to pay for premium service instead, one more question.... when paying premium I-129, do you need to pay a similar "premium" service for I-539 for TD family visas? is there such service for I-539? or you just could use the standard processing $300 for $1-539?
Thanks again
You're right about the time delay, agree that 3 months is too long, but i forgot to say that i'm mexican and fees are much higher and processing time is not that fast as in canada because you need to set an appointment at the US Consulalte, like 2 weeks of waiting when applying at the border for new TN (need to pay fees for nonimmigrant visas $131 each plus issuance reciprocal fees per year per family member, so it would be like $1,500 for a 4-member family), maybe with this explaination it makes sense to pay for premium service instead, one more question.... when paying premium I-129, do you need to pay a similar "premium" service for I-539 for TD family visas? is there such service for I-539? or you just could use the standard processing $300 for $1-539?
Thanks again
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Thanks for all the replies on this topic. I got the denial notice today. Here is some information I want to share with everybody:
1. The reason I got denied. I filed and mailed the application on my last working day and CIS received it the next day, but the application is supposed to be on their desk by the last day of one's employment. I indicated my last day on I-539 - not sure if I made a mistake here (for me, that was the earliest day I was able to file).
2. No available options provided with the notice (I-541), and no grace period specified either. I called the CIS service number. The representative said it usually gives 30 days (I think it counts from the day the denial was made) to depart the country. As for my case, since my I-94 expires on March 21 (30 days from the denial-making date Feb 20), she said I have to leave before March 21.
3. Lessons. If you have to file a status change, do it before your employment is terminated. Mail it using express with return service (I did it this way). Keep the proof of mailing before you get the receipt number from CIS. Be careful when putting a termination date on your file - leave enough time for the mail delivery if possible.
I am having an interview next week. In the case that I get the job, should I just drive to the border and apply for a new TN? Is it OK if I drive my US licensed car? Of course, I have been well prepared to depart US as well.
1. The reason I got denied. I filed and mailed the application on my last working day and CIS received it the next day, but the application is supposed to be on their desk by the last day of one's employment. I indicated my last day on I-539 - not sure if I made a mistake here (for me, that was the earliest day I was able to file).
2. No available options provided with the notice (I-541), and no grace period specified either. I called the CIS service number. The representative said it usually gives 30 days (I think it counts from the day the denial was made) to depart the country. As for my case, since my I-94 expires on March 21 (30 days from the denial-making date Feb 20), she said I have to leave before March 21.
3. Lessons. If you have to file a status change, do it before your employment is terminated. Mail it using express with return service (I did it this way). Keep the proof of mailing before you get the receipt number from CIS. Be careful when putting a termination date on your file - leave enough time for the mail delivery if possible.
I am having an interview next week. In the case that I get the job, should I just drive to the border and apply for a new TN? Is it OK if I drive my US licensed car? Of course, I have been well prepared to depart US as well.
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LuciDreamer
Registered Users (C)
Good luck and all the best with your TN in this uneasy situation! Thanks for your suggestions, so many folks can be in the same boat.
Like Nelsona mentioned, the TN paperwork is crucial. I knew a guy back in January who was turned down from Pearson POE for having no Software Engineer diploma or credentials. His TN stated SE and, as he explained, to get a TN for SE you must need a diploma from an educational institution saying 'Software Engineering' in it plus the institution must be able to issue engineering licensing. I know it sounds nonsense, since 90% of all living Software Engineers on earth did not major in Software Engineering, but in Computer Sciences or other studies. Unlike Electrical or Construction ones, Software Engineers are not required to possess local licenses to perform their services - Visual Studio or NetBeans or Eclipse IDE is the same everywhere no matter what country you work. Anyway, this poor fellow was denied entry on TN and was allowed on B-2 for a few days only to pack his stuff and head back to Canada. His file was flagged.
Like Nelsona mentioned, the TN paperwork is crucial. I knew a guy back in January who was turned down from Pearson POE for having no Software Engineer diploma or credentials. His TN stated SE and, as he explained, to get a TN for SE you must need a diploma from an educational institution saying 'Software Engineering' in it plus the institution must be able to issue engineering licensing. I know it sounds nonsense, since 90% of all living Software Engineers on earth did not major in Software Engineering, but in Computer Sciences or other studies. Unlike Electrical or Construction ones, Software Engineers are not required to possess local licenses to perform their services - Visual Studio or NetBeans or Eclipse IDE is the same everywhere no matter what country you work. Anyway, this poor fellow was denied entry on TN and was allowed on B-2 for a few days only to pack his stuff and head back to Canada. His file was flagged.
brooklyntn
New Member
I was laid off last Thursday and was going to file for B2 status based advice I received from another posting on this forum. This thread is making me rethink that. hflying's request was denied because he filed the same day as he was laid off. I was laid off last week (without notice, unfortunately) so it looks like mine could likely be denied as well for the same reason. Should I contact my former employer and ask them to change my official layoff date to this Thursday instead? They may be willing to do this. Also, I don't have any compelling reasons to remain here (from a legal point of view at least). I live with my American girlfriend and obviously me moving back to Canada now would be problematic for our relationship. Would this be considered a compelling reason to grant a B2 extension or should I try to think of something additional? Should I even mention this relationship in the B2 cover letter or would that be viewed as potential intent to stay in the US?
nelsona
Registered Users (C)
I-539s are taking several months, so approaval or denial is not really important. Filing is. You will have come to a decision LONG before the I-539 is approved or denied.
Absolutely DO NOT mention your US GF in any of this. Your relationship is in fact detrimental to you staying in US in non-immig status or getting tourist status. Fiances don't get B2's. They need K visas.
File the I-539 and start looking for work.
If you haven't found anything in a few weeks, its time you think about marriage, otherwise you are stuck: you will eventually be out of status in US (even with B2 that would be only six months from now), and you are unlikely to be allowed entry back into US if you leave unless you establish Cdn ties again, all this before you eventually marry anyways.
You realize that if you had married a month ago and filesd you paperwork, you'd be sitting pretty now. 20-20 I guess.
... one other thing. You say you did not recieve notice. Surely you are going to be paid for the next 2 weeks -- are they just saying don't show up for work? This will stand you in good stead with your I-539, since you are still employed for next 2 weeks -- just on vacation
Absolutely DO NOT mention your US GF in any of this. Your relationship is in fact detrimental to you staying in US in non-immig status or getting tourist status. Fiances don't get B2's. They need K visas.
File the I-539 and start looking for work.
If you haven't found anything in a few weeks, its time you think about marriage, otherwise you are stuck: you will eventually be out of status in US (even with B2 that would be only six months from now), and you are unlikely to be allowed entry back into US if you leave unless you establish Cdn ties again, all this before you eventually marry anyways.
You realize that if you had married a month ago and filesd you paperwork, you'd be sitting pretty now. 20-20 I guess.
... one other thing. You say you did not recieve notice. Surely you are going to be paid for the next 2 weeks -- are they just saying don't show up for work? This will stand you in good stead with your I-539, since you are still employed for next 2 weeks -- just on vacation
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brooklyntn
New Member
Yes I am being paid at the end of April for the last two weeks of April plus one week of paid vacation that I'd accumulated so far this year. I guess you could say I'm on 'paid vacation' for the rest of the month although they did have me sign a letter saying that my last official day was last week. However I doubt that they have notified USCIS or even know that they have to. What are other good reasons to put on the B2 cover letter for the AOS and do they try to verify the statements you make in support of your application?
nelsona
Registered Users (C)
Simple statement. Change to B2 to wrap up US affairs. Ask for 6 months. You are then in B2-pending status. Then move on to next phase, namely new TN job or marriage. Don't wait for response form USCIS like the other poster did. B2-pending is a lot better than B2-denied.
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