TN -> B2 Question

[bekbau]

Hello all,

I have a question regarding the change of TN status to B2 Visa. I have checked all posts on the subject from 2018 to 2021, but there are a few things that are not clear to me.

I am a Canadian citizen who had been working in the U.S. on a TN Status from 2005.

I renewed my TN Visa through an I-129 extension petition in April, 2020. Unfortunately, my position was eliminated due to the COVID-19 pandemic in November, 2020.

I requested a change of my TN Status to a B2 Visitor visa at the end of a 60-day grace period. My biometrics were taken in February, 2021, but the decision about my case had not been made before my departure from the U.S. I left the country before the requested date in my I-539. I returned my I-94 from I-797A to the airline representative during my departure check-in.

Here is my question:

- Do I need to notify the USCIS that I had left the county by sending the letter with a copy of my boarding pass?

I just checked the status of my case and it’s still pending. The last time my case was updated in February, 2021 to show fingerprints were taken.

Thank you.

 

[nelsona]

You are fine, and have acted appropriately. Your handing back the I-94 is sufficient. That is why one gives it to the airline.

As to your I-539, the final adjudication, if it even happens, is moot. You left the country, thus it is considered abandoned. Any future entry (as B2 when allowed, or with a new TN) will be on the basis of the evidence you provide at that time. The I-539 submission served its purpose to keep you in legal state until you left.

 

[bekbau]

Thank you so much Nelsona! I appreciate your help.

I have another question on the different subject, but I do not want to hijack this topic. So I will post it separately.