TN Change of Status to B2 - RFE

V

vik433

Member
Hello,

I have filed for change of status to B2 from TN for 6 months as was laid off. 45 days after filing, I have received the RFE to show ties to Canada in the form of telephone bills, utility bills, rental/ mortgage etc., bank accounts etc. But I have been living in the US on TN for last 7-8 years and before that I was renting the place in Canada and I dont have residence in Canada anymore.

Please advise how do i answer this question of ties. I believe this is standard template as It is assumed that asking for change of status to B2- Visitor for pleasure, I will have residence abroad or Canada.

Please help.

Thanks in advance.
 
The request for B2 should have mentioned the reason to tie up affairs in US and leave. Since you haven't left, and have not found a job yet, you should be well on your way to returning to Canada.

Did you use all of your 60 day grace period?

It's time to leave.
 
Nelsona.

Thanks for the reply. I asked for 6 months to wrap up up affairs. In the past I have seen that you have given advise to file for I-539 and use the extra time to look for the job. I used my 60 days and applied for I-539 change of status 2 days before that.

Please advise whether I need to leave or can explain that I have been on the TN for last few years and asking for change for change of status to B2 to wrap up affairs and make arrangement for moving to Canada.

What do you recommend? In case it is denied then i might face scrutiny for the next TN?
 
Yes, you can send that information. Expect a denial, and act accordingly. Your grace period was the time to find another job, now it is time to leave.

If denied, and you leave, there will be no future consequences
 
Thanks for the advise and the information. One last question just to plan accordingly. After sending the response to the RFE, normally how long it takes to get back the decision ( days or weeks). I understand it is very subjective but just a ball park as I got the initial response 45 days after filing.
 
I-539s are notoriously slow, you should not be waiting for a response, as it will likely come after the six month mark. You will be long gone by then -- or have a new status. Remember the sooner you go back, the sooner you can collect unemployment.
 
Vik433 case is similar to my case. The day I was laid off I was working from Canada. I did not go for I-539.

Is entering on B2 visa then apply for TN possible? Has anyone done that how much time and cost as my understanding application will go to USCIS and process will be just like H1B1.

How can a person working on TN can claim unemployment in Canada?
 
Someone living in Canada can almost always enter US on B2, sine they live outside US. I-539 is for someone wish to CHANGE to B2 after being in another status.

By returning to Canada after working in US on a temporary status, one now becomes eligible for state EI (which they would not be entitled to if they remained in US). I invite you to look at service canada website if this applies to you.

Try to avoid jumping on other peoples threads; start your own thread.
 
Just one follow up question - As I have been working in the US for last couple of years on the TN, how do i show ties to foreign residence (canada in my case) in the RFE as suggested items are like utility bills, telephone bills, letter from foreign employer, house lease etc. as those dont apply to me when changing status from TN to B2.

Please advise.
 
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