I submitted the application to change TN status to B2 on my last working day. I just got an email from USCIS that a denial notice has been sent today - no idea what happened. Will I have a grace period for departing US? How long? I want to prepare early before receiving the notice. Thanks.
Status change application to B2 got denied...
- Thread starter hflying
- Start date
LuciDreamer
Registered Users (C)
Bad tendency
Damn it, why do we have to fight so hard to stay legal in this country????
It looks like a bad omen to any of us who may possibly try to change status to B-2 due to lost employment or other reasons.
The CIS is likely pushed hard to get rid of as many foreign workers as they can. And they are working hard on that.
If you don't mind, how long did it take to get the decision on your B-2 after you filed the I-539? You had your receipt first and it should take at least a month before receiving a denial. I know that one can perfectly apply for a TN with the new employer with a pending B-2. Can you still apply for a TN after the B-2 is denied but within a 30-day window?
Damn it, why do we have to fight so hard to stay legal in this country????
It looks like a bad omen to any of us who may possibly try to change status to B-2 due to lost employment or other reasons.
The CIS is likely pushed hard to get rid of as many foreign workers as they can. And they are working hard on that.
If you don't mind, how long did it take to get the decision on your B-2 after you filed the I-539? You had your receipt first and it should take at least a month before receiving a denial. I know that one can perfectly apply for a TN with the new employer with a pending B-2. Can you still apply for a TN after the B-2 is denied but within a 30-day window?
nelsona
Registered Users (C)
Once a change of status is denied, the denial notice will instruct one to leave. One is immediately out-of-status. they should have already called the moving vans, but noew that call should be made monday.
I'm quite sure it has been a while since hf sent the I-539, in which time they should have been preparing to depart anyways, so this shouldn't come as much of a shock.
If the off-chance that they would now land a job, one cannot now apply for a TN by I-129 in this situation and would have to go to the border. Besides being cheaper and faster than I-129, the trip to the border erases any whiff of unstatused days or illegal presence.
Luci, before condemning the system, let's determine the reason for this denial. This is only the second B2 denial I've ever heard about, so there likely is not some great conspiracy.
I'm quite sure it has been a while since hf sent the I-539, in which time they should have been preparing to depart anyways, so this shouldn't come as much of a shock.
If the off-chance that they would now land a job, one cannot now apply for a TN by I-129 in this situation and would have to go to the border. Besides being cheaper and faster than I-129, the trip to the border erases any whiff of unstatused days or illegal presence.
Luci, before condemning the system, let's determine the reason for this denial. This is only the second B2 denial I've ever heard about, so there likely is not some great conspiracy.
LuciDreamer
Registered Users (C)
Maybe that's what the conspiracy is all about, noone hears anything until it's too late?
Hflying, if you don't mind and already know the possible reasons for the denial, can you share with us?
Hflying, if you don't mind and already know the possible reasons for the denial, can you share with us?
nelsona and LuciDreamer, thanks for your help
It took 45 days to get denied after filing. The email says the denial note will provide the reason and options I may have. If I do not receive the note within 15 days, I have to call CIS. I would like to share the information once having it.
I requested 6 months to stay and put a cover letter explaining things like car financing, selling stuff and visiting relatives. Anything wrong?
nelsona, why would they call moving vans? Do I have to use them? Is it possible that I go to the board, surrender I94 and then come back for some personal affairs? Many thanks.
It took 45 days to get denied after filing. The email says the denial note will provide the reason and options I may have. If I do not receive the note within 15 days, I have to call CIS. I would like to share the information once having it.
I requested 6 months to stay and put a cover letter explaining things like car financing, selling stuff and visiting relatives. Anything wrong?
nelsona, why would they call moving vans? Do I have to use them? Is it possible that I go to the board, surrender I94 and then come back for some personal affairs? Many thanks.
nelsona
Registered Users (C)
Time for YOU to call the moving vans. Your time to arrange personal affairs is up. That what the last 45 days have been for.
No, you cannot simply go to border and re-enter on B2, That is because you do not have a foreign residence that you maintain, which is the main criteria for a border B2 entry. You would need to go to border, get an appt, lease, utilites, phone bill etc, and the nyou would be allowed to come back as a tourist -- if you can prove that you aren't coming back to stay.
But, from the moment one files thet I-539 they should only have 2 focal points: immeidately finding another TN job, or immediately arranging to move back to Canada. It's noit for taking a sight-seeing tour of the US.
That is why a B2 denial shouldn't be of much concern to anyone: they should already have left the country or found other employement by the time any news comes.
That's what makes the mail-in B2 so useful, as you are using this as a temporary measure to get your affairs in order to move back to Canada. Likely the reasons your gave (especially car financing and visiting relatives) were not considered worthy of allowing this 'courtesy' B2.
The denial could be for other technical reasons however, like failure to include a copy of your I-94, or some other reason.
Your notice will tell you, and will likely give you 10-15 days to leave.
No, you cannot simply go to border and re-enter on B2, That is because you do not have a foreign residence that you maintain, which is the main criteria for a border B2 entry. You would need to go to border, get an appt, lease, utilites, phone bill etc, and the nyou would be allowed to come back as a tourist -- if you can prove that you aren't coming back to stay.
But, from the moment one files thet I-539 they should only have 2 focal points: immeidately finding another TN job, or immediately arranging to move back to Canada. It's noit for taking a sight-seeing tour of the US.
That is why a B2 denial shouldn't be of much concern to anyone: they should already have left the country or found other employement by the time any news comes.
That's what makes the mail-in B2 so useful, as you are using this as a temporary measure to get your affairs in order to move back to Canada. Likely the reasons your gave (especially car financing and visiting relatives) were not considered worthy of allowing this 'courtesy' B2.
The denial could be for other technical reasons however, like failure to include a copy of your I-94, or some other reason.
Your notice will tell you, and will likely give you 10-15 days to leave.
Thank you, nelsona. Your analysis for the denial reason could be right. The bad thing is I didn't get a job during the processing time, so now have to move back to Canada - the terrible economy should be blamed though. And it would be very nice to have 10-15 days to leave - enough for me.
hyflying,
chances are like nelsona said that it's probably just a technicality. I had a TN "denied" back in 1999 only to discover that we had sent it to the wrong place.
The problem is rather than saying "unable to process" or returning it with the appropriate instructions, they automatically issue a denial. I wouldn't sweat it too much. Decide what you want to do (stay or go), get your answer on the denial, and then figure out the appropriate course of action.
chances are like nelsona said that it's probably just a technicality. I had a TN "denied" back in 1999 only to discover that we had sent it to the wrong place.
The problem is rather than saying "unable to process" or returning it with the appropriate instructions, they automatically issue a denial. I wouldn't sweat it too much. Decide what you want to do (stay or go), get your answer on the denial, and then figure out the appropriate course of action.
Oh yes, your reasons are very flimsy...i.e.
1.) car financing <- this is very weak, since only a lease limits you to where you can take the car
2.) selling stuff <- you mean household goods, clothes ??? these can be done in 1 week on craigslist
3.) visiting relatives <- yeah right...nothing to say here.
I went thru the SAME EXACT process, but this is what I listed
1.) Owns a house, and with depressed market, it's harder & longer to sell
2.) Child had scheduled surgery 2 months (and former employer's insurance was still in effect due to 2 month benefits coverage extending from the day I got the layoff notice)
3.) Child's school enrollment and for the sake of the child, requested for semester to end
I also listed incoming serverance pay & bank statement balances to show that I would not become a "welfare case". This nest was good for a 1 year.
Based on these "reasons" I filed for B2, and never heard a peep from them...
OttawaSenators
Registered Users (C)
Can we use "finishing the lease"? If I ever got laid off, my 1st problem would be to get out the apartment lease I am in. Fortunately in the state where I live, if there is only 3 months left on the lease, one can buy the lease for less than the rent for 3 months. But I have to get to that point in the lease to be able to save something.
hflying, did you pay application fee? is it 300 USD? I am going to change my status from TN to B2 too, this friday is my last day. I am going to send my application on this friday or Saturday. I also knew some guys didn't change status didn't submit I-539 and stay in US one year unemploymently and nobody ask them leave.
I included a check in the application package for the $300 fee .
I encourage you to file it as soon as possible. Try to have a better cover letter than mine according to TNDV2008's suggestions.
The formal denial notice did not come today. I will share the information once I get it.
I encourage you to file it as soon as possible. Try to have a better cover letter than mine according to TNDV2008's suggestions.
The formal denial notice did not come today. I will share the information once I get it.
waterloo, based on my research, people are not allowed to file I-539 on line for a TN to B2 change.
http://www.uscis.gov/portal/site/us...nnel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD
http://www.uscis.gov/portal/site/us...nnel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD
nelsona
Registered Users (C)
Depends how you read the table. B-2 is allowed as a new status.
In any event, I don't recommend e-filing for B-2. You're not interested in getting quick response from CIS. All you want to do is file. No one should be sitting around waiting for their B-2 to come in. They should have already found work or left the country long before the B-2 is decided.
In any event, I don't recommend e-filing for B-2. You're not interested in getting quick response from CIS. All you want to do is file. No one should be sitting around waiting for their B-2 to come in. They should have already found work or left the country long before the B-2 is decided.
CanadaToUSA
Registered Users (C)
I know somebody got laid off in September 09. Didn't file I-539. Didn't let anybody know about this and stayed in US. Got another offer in December. Went back to Canada and came back to US with 3 year TN.
nelsona
Registered Users (C)
Remember, thet date on your I-94 has noting to do with status if you are laid off. Your status ends on that lay off date, thus the need to send in a CHANGE of status that day.
Now, as to needing to do this or not. Well, the person who was laid -off was out-of-status. had authorities found this out, they could have begun removal process, which makes it hard to look for work or pack afterwards.
Also, at the border, they could have asked what he was doing in USD with no status, and denied him entry.
Now the expiry date on the I-94, even if the TN itself is dead, does play one important part: determining days of illegal presence, which is differenrt than days out of status. You can be out of status the day your TN job ends, but you do not begin accumulating illegal days until your I-94 is expired.
Now, as to needing to do this or not. Well, the person who was laid -off was out-of-status. had authorities found this out, they could have begun removal process, which makes it hard to look for work or pack afterwards.
Also, at the border, they could have asked what he was doing in USD with no status, and denied him entry.
Now the expiry date on the I-94, even if the TN itself is dead, does play one important part: determining days of illegal presence, which is differenrt than days out of status. You can be out of status the day your TN job ends, but you do not begin accumulating illegal days until your I-94 is expired.
Last edited by a moderator: