TN- trouble

C

Chen fan

New Member
Hi guys,

I am a youngster and I really need some help here.

So I've been working in USA for almost 1 year now. I will be getting a new job at a different company.

The thing is that, I gave notice too early and right now I am officially done with my old company. But the new company said they still need 5 weeks to finish my TN-visa application throught USCIS.

In the mean time, I cannot stay in USA anymore, I have to leave and shouldn't even come back even under visitor status during my TN application as it can affect the success rate because of jump start employement problem.

The lawyer suggest I go back to Canada and only come back after the visa is approved.
But my wife is 8 month pregnant and she lost Canadian health insurance because she is in USA for more than 1 year. So she has to use her U.S.A health insurance to cover all the cost. I will be leaving her alone during her pregnancy and it is tearing me apart.

I have no idea what to do. Should I try to re enter US as visitor? Or I need to just stay in Canada for a month and hope she doesn't give birth early.

Thanks guys I really need advice
 
Sorry to hear about this difficult situation.

The most obvious thing to do would be to get the TN at the border. Surely if you explain the situation to your new employer they would facilitate this?

Alternatively if the new employer has already filed Form I-129 and checked the box for "extend the status based on a free trade agreement" you should be fine to stay.

Do either of these options work? What does your new employer need 5 weeks for? Usually employers are anxious to have someone start a new job as quickly as possible once an offer has been accepted--it would seem odd to me if they are enthusiastic about you joining for them to want to wait 5 weeks when other options are available. This would be true even if it weren't for the situation of your wife and yourself about to have a baby.
 
That said, while you have no status, you are not accumulating enough illegal days to be too worried at this point. Are you sure she has insurance? by the way, her Cdn healthcare expired the day she left, so it is not about being away over a year.

I would wait it out, in US, until you know for certain about this job, and then head to border (either to get TN, or leave)

... and NEVER EVER give notice to your sponsor, until you have the next TN. I would never give notice in any event, but certainly not without having the next TN successfully received.
 
nelsona said:
That said, while you have no status, you are not accumulating enough illegal days to be too worried at this point. Are you sure she has insurance? by the way, her Cdn healthcare expired the day she left, so it is not about being away over a year.

I would wait it out, in US, until you know for certain about this job, and then head to border (either to get TN, or leave)

... and NEVER EVER give notice to your sponsor, until you have the next TN. I would never give notice in any event, but certainly not without having the next TN successfully received.
Click to expand...

Hi,

Thank you for your message. I didn't know about the Cdn healthcare expiration policy.

Anyhow the HR told me the attempted starting date is July 11, probably because she is new at the firm too. Then when I have no feedback around July 1st, I panicked and start to contact the law office. That is when they told me it requires approximately 5-6 weeks before I can onboard and the company policy is to pass every Tn-visa application by the USCIS so they do not allow me to go to the border myself.

I only gave notice because I though I was going to start mid July. The Law firm sent me an email around june 15 telling me they started my application. I figure by the beginning of July I should receive all the paper work already and I should be good to go heading towards the border. In the end, They only actually started the application around July 2.

now I will at least be incomeless for the next month and a half.
 
Just to clarify what Cal said about I-129 and status. Since they did not submit the paperwork while you were still under your old TN, this filing does nothing to keep you in status, so you are currently out-of-status. This will not be considered an "extension". Again, I do not think you need worry about or do anything about this for the time being, given your other concerns.

Can I ask (again) what "U.S.A health insurance" she has? Is/was she working in US, too? Did you extend your own work-provided health benefits under COBRA when you left the company? you better be 100% sure of this.
 
nelsona said:
Just to clarify what Cal said about I-129 and status. Since they did not submit the paperwork while you were still under your old TN, this filing does nothing to keep you in status, so you are currently out-of-status. This will not be considered an "extension". Again, I do not think you need worry about or do anything about this for the time being, given your other concerns.

Can I ask (again) what "U.S.A health insurance" she has? Is/was she working in US, too? Did you extend your own work-provided health benefits under COBRA when you left the company? you better be 100% sure of this.
Click to expand...

She is still working remotely and She confirmed with the insurance company that She will have extended Health benefit under COBRA, which cost about 500$ a month.

As for anything else, I keep calling the law firm to update my informations. But they do not reply... I saw online that USCIS has a premium option that guarantees result under 15 days. which cost roughly 1200$. I am willing to pay that myself to speed everything up. The fear of being jobless is killing me. What if My application failed and My wife would give birth and we would have 0 income.
 
Your being jobless is not a fear, it is an unfortunate reality. Sadly, you put yourself in that position by essentially quitting your job without securing the next one. something unthinkable to do even in normal circumstances, much less so when spouse is expecting. Do you have family back in Canada that can assist you?

Hopeful this life lesson will be useful in future with regards to handling your responsibilities on behalf of your family.
 
Chen fan said:
She is still working remotely...
Click to expand...

Does she have her own working status (TN, H-1B, L-1, etc)? Can you switch to a dependent status (would require a trip to the border) and switch to TD, H-4, or L-2--and then both switch to B-2 when she leaves her job?
 
Given that she says she has COBRA, that would imply US employment (unless that is the COBRA that HE applied for.

I don't see the need to go to the border in any event until the TN issue is resolved.
 
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