TN to B2

A

arogers

New Member
Hi,
I am Canadian on a TN status in the US. I got laid off and the 60 days grace period will end in 10 days.

1- Am I allowed to apply for B2 status to extend my stay?
2- If I go back to Canada while my B2 application is pending, will it be considered that I was out of status between the date the grace period ended and me leaving even if the pending B2 application was submitted before the end of the grace period?
Thank you.
 
1. Yes, you can apply for Change of Status to B2, by filing I-539 and paying $455
2. "Out of status" doesn't matter. It's normal to be "out of status" while an application is pending. But you do not accrue "unlawful presence" while a timely-filed, non-frivolous Change of Status or Extension of Status is pending, even if it is eventually denied or abandoned.
 
nelsona said:
You are not even out-of-status, in this case, you are in "pending" status.
Click to expand...

For i539? You are out of status, just not accruing unlawful presence. USCIS explains it thus (most relevant bits to this question underlined)

What if I file for change of status on time but USCIS does not make a decision before my I-94 expires?
Your lawful nonimmigrant status ends and you are out of status when your Form I-94 expires, even if you have timely applied
to change your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your change of nonimmigrant status request. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for change of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your change of status application is pending if it was filed prior to the expiration of your Form I-94.
If your application for a change of status is approved, the change of status will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.
If your application is denied, you may be required to depart the United States immediately.

Page 4 of https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf
 
You must log in or register to reply here.
Top