TN -> B2 While Job Searching

#1
Hi there

I realize this question has been asked a few times on this forum but I wanted to ask regarding my situation

I was on TN visa under the Engineer status as a product manager in the Bay Area

I was laid off on March 16th 2020, so I have until May 15th 2020 to find a job

It's currently April 29th 2020, and I am the final stages of my interview with a few companies, and I should hear back at latest May 12th 2020.

This is where my questions come:
1. Is it too late to receive an offer by May 12th 2020 for the new employer to file for a change of employer request for TN?
2. Should I file a I-539 to change status to B2? When is the absolute latest day I should file for it?
3. If I do change status to B2, am I allowed to change back to TN while being in the US and start working? If so, how long would this process take with USCIS closing their offices?
4. How long would it take right now (assuming I get a job before the last day of May 15th 2020) to do a change of employer?
5. Has anyone done this TN -> B2 recently during the pandemic? If so, can you tell me your experience?

Thank you!
 

nelsona

Registered Users (C)
#2
1. No. They could file I-129 within a day or two, once finalized.
2. May 15th.
3. Yes, by filing an I-129. It could take a while, in which case it would be best to go to the border and get immediate TN there.
4. Who knows, assume 4 months
5. It is rare for someone to actually get a B2; they merely file for B2 to buy some time, in order to decide whether to get another job, or leave US for good. Typically the decision on B2 is made long after one has either left US (in which case the B2 is cancelled), or has found another job (in which case the B2 MUST be cancelled, either by leaving US to get the TN at border, or by writing USCIS to cancel I-539 due to getting TN by mail.
 
#3
Thanks nelsona

So my best option is to focus on the job search. Prepare the I-539 and send it out around May 14th/15th if I don't get any offers. How come I can send it out on the 15th? Wouldn't it take time to get to the USCIS offices? Or is it determined by the date you send out the application?

Also, regarding this line:

> Yes, by filing an I-129. It could take a while, in which case it would be best to go to the border and get immediate TN there.

I can't go to the border now, can I? I can leave to go to Canada, but I can't enter again because the US has stop non-essential travel.
 
#4
If you call CBP they will confirm if TN is processed at POE which you are planning to go. Few of them called CBP and confirmed they r processing TN at POE.
 
Top