Thorough Bad luck

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Hello guys,

I started a started a few days ago about applying for TN Visa for the first time. I had no trouble getting the visa, and was supposed to start the job on Monda, August 21st. However, the HR Representative from the company called me on Friday, Aug 18th that they were going to postpone the start date by another week which seemed fine to me. They called me this monday saying that they were going to take their offer back, as they needed someone with more experience in the specified field. Undoubtedly, I was quite upset. Everything including the background and reference check was fine, and I was told this by the HR Representative, but still they changed their mind at the eleventh hour. I have no idea what to do now. Perhaps, I can not take any action against them, however, I would appreciate any suggestions regarding how to proceed with this now.

Many Thanks
 
Unless you have some type of clause in your work contract you are SOL. I’d be surprised if you had anything protecting you, it’s something you see at the executive level. Once I had an employer add a clause that if they terminated my employment prematurely I would get X weeks of pay.

Most jobs in the US are “at Will”. Meaning you can work for them as long as both parties are willing.

If you’re out of a few thousands then cut your loss and find another job. A lawyer is probably going to charge you more then that anyway.

It’s very difficult to prove damages and again, in most states employers can terminate the employment without cause or prejudice.

In any event you should depart immediately to avoid future problems with immigration.
 
Thank You bzuccaro and DBEL for your replies. I have a couple of questions. I received the verbal denial from them three days ago. How soon would I have to leave? I have an interview at another company next week, and I was wondering if I could stay here till then. If I reapply for a new TN through another employer, what would I need to do?
 
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Just to add a couple of things, the company I was supposed to work for has not notified INS. Do I have to notify INS about this situation? Even if I decide to leave now, I will need time to pack up my belongings, how should this situation be dealt with?
 
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I think USCIS calls for immediate departure, period. The time it will take to depart has nothing to do with the status. On the day you found out you didn’t have a job you had two options. Leave or file COS. You did neither.

I don’t think a CBP officer would make a big deal if you took a day or two to close a bank account, to get a good night sleep before a long drive or to wrap-up a few losses ends however no CBP officer will accept you sticking around to job hunt or vacation.

If you’ve already made some commitments (apartment lease, imported a vehicle, utility accounts) then file COS (I-539) with $200 and take a few months to get your affairs in order. Otherwise, get in your car, board a plane and head out of the US.

I suggest you make a photocopy (front and back) of your I-94 before you turn it in. Keep it for your records.
 
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