TN Dilemma

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Canri

Registered Users (C)
Urgent help needed on new TN after job termination:
I was laid off from my job without any prior notice on 4/17/2009 (Friday). On 4/20/2009 (Monday) I filed form I-539 for change of status to B-2. (My I-94 was valid upto September 2010 which I understand does not mean anything ) I did not include any cover letter mentioning the reasons for the request of change in status.
(Q 1) Does it amount to automatic rejection as no reasons were attached to the application ?
(Q 2) How tough are they on the issue of out of status thing as the B-2 was not filed on the last day of work (noting I filed it on the first working day possible).

I am hopeful of getting a new job offer letter in the next few days.
(Q 3) What is by best bet (1) to go to the border and apply for a new TN or file form I-129. If I drive to the border should I go straight to the US side or first go to the Canadian side and drive back to the US side.
 
1. You should have given the reason for B2: wrap up US affairs
2. may or not be an issue.

but,as you should realize, you really aren't intersted in B2 approval. Filing was sufficient. You will either get a new TN or be back in Canada before you hear from CIS.

3. It is best to go to the border, as this will get instant approval. You go into canada first.
 
nelsona said:
but,as you should realize, you really aren't intersted in B2 approval. Filing was sufficient. You will either get a new TN or be back in Canada before you hear from CIS.
Click to expand...

Refresh my memory, but if the I-539 was filed after employment ceased, what is the benefit from filing?
 
If a one or two day delay has occured, the question of "timely" filing is a matter for the CIS staff to determine, and until then your status is "B2-pending". Should anyone question your status (particularly CBP when going to apply for next TN) the pending I-539 offers at least some protection.

Not filing at all doesn't offer any status, any protection.
 
Nelsona; thanks for the reply !
(Q 1) Is there now a way that I can send CIS the reasons for filing the B-2 or should I just wait for them to ask me the reasons. Also, do they ask the reasons or would they reject my B-2 application on the basis of inadequate support.

(Q 2) If I go to the the border and the treaty office asks me why I filed my B-2 application 2 days late does the reason that I was laid off without notice on friday evening and I filed for B-2 on Monday (i.e., ASAP) seem reasonable answer.

(Q 3) What happens if the treaty officer does not approve my new tn visa; can I ask him to let me back to the US to wind up my affairs or go back to Canada and then file form I-129 Premuim processing and stay in Canada for 15 days.
 
1. As I said, you've filed, forget about it. Once you cross the border for your TN, the I-539 is dead (btw, you should write to formally cancel it as soon as you get TN).

2. He won't. And even if he does, you have crossed the border and your slate is clean.

3. Ah, this is the tricky part. You had better be 100% sure of your TN application, or have direct contactwith your new sponsor to fax you any missing info or clarification. You could be refused entry. You will need to get TN at the border. I-129 when you aren't in status is not available. Besides, ebven if you stayed in US and file premum I-129, it riskes being denied for being out of status.
 
Thanks again Nelsona !

So I suppose my only choice is going back to the canadian border and I will first have to enter Canada and then turn around to get my new TN.

(Q 1) Should I turn around immediately and apply for the new TN or stay in Canada for a day or two and then apply.

My husband works in the US on a J-1 visa and not dependent on my visa (his visa expires in December)
(Q 2) Does it complicate things if the treaty officer asks me if I am married and have family (I do not have any ties in Canada; no house; no relatives)
 
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You have to cross the border. Once you cross the border immediately you can take U- turn and apply for New TN status. I did same procedure last month. I got laid off on 27th February,2009 and get new offer on 9th March,2009. When I got laid off that time I was on H1-B status and now I have changed from H1-B to TN ( three years).
 
Monty, keep good track of the time you spent on H1 so far. You can always go back on H1 anytime, without worrying about quota -- even if you return to Canada in the meantime -- until you use up your 6 years on H1.
 
At border, they asked me why you are changing from H1-B to TN status and when you get laid off. I have showed my lay off letter( due to economic downturn) and replied that new company is not ready for H1-B. Also he mentioned that you are not eligible for EI and I said yes I know. After five minutes he issued my new TN for three years.
 
Also he mentioned that you are not eligible for EI
Click to expand...
Why would you be wanting EI when you are at the border getting a job?

You are of course, eligible for EI -- by returning to canada after lay-off.

CBP should stick to what they are supposed to know.
 
nelsona said:
Why would you be wanting EI when you are at the border getting a job?

You are of course, eligible for EI -- by returning to canada after lay-off.

CBP should stick to what they are supposed to know.
Click to expand...

Just another cutesy "test question" by CBP to see if you happened to apply for some form of "aid" while in the US.....
 
Even if one did apply for EI, that is not the "aid" that would get you kicked out. Grren card holders can get EI (not welfare) without violating their status.
 
Why and how to you think is the question of proof of ties to Canada so relevent while applying for a new TN at the border ! I have been in the US on TN-1 visas for the past 4 years. I do not have any property or family in Canada and my spouse who is working in the US on a J1 visa i totally independent of me (i.e. no TD involved)
What would be the best explanation in defense to this possible difficult question if asked to prove ties to Canada: suggestions highly appreciated.
 
It isn't relevent.

If asked, you simply tell them that for TN you are not required to maintain ties in canada (they know this). You will leave US when your legal status expires.
 
Thanks Nelsona ! you have been very helpful; at this point I just hope they follow the book when I go to apply for a new TN and don't ask questions they should not.
Also, it comes to my mind they could ask me that if I was in the US for 3 weeks after I got laid off and applied for I-539 after a couple of days of being laid off then why is it that I was looking for jobs and not packing up stuff to return to Canada.
 
What were you supposed to do? You were legally in the states (b2-pending), and found a job. (btw if this happens again, file for J2 [or simplr go to border to get J2], since your spouse has a valid status; b2 was an inferior status choice in your case, when we tell people to file for B2 we are assuming their is no better statyus, as there certainly was in your case)

Just how did you happen to get your first TN? By magic? No, exactly the same way you fond this one.

So, if your TN gets denied at the border, make sure you have what you need to enter on j2: a copy of spouses J1 and marriage cert.
 
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