TN Visa and a layoff (spouse unable to travel due to medical reasons)

[Karsan]

Hi folks,

My husband is currently employed by a contracting firm and works on one of the contracting firm's account. His TN visa and letter state that he is working said account. If he gets laid off, how do we handle this? To further complicate the issue, we are expecting our first child in the next few weeks neither I or the baby will be able to travel for at least a month or so (so like a month and half at least from now).

If he is let go in the next few weeks, how can he file a change of status without having to travel to the border? Also, what type of documentation is required to explain that neither myself or our little one (who will be a US citizen) can travel due to closeness to giving birth or post partum recovery (i.e. leave the country and return as visitors in order to tie up our affairs) We don't want to be deemed "out of status" and then denied future TNs should we find other employment in the US.

I have searched and searched and there seems to be a very gray area regarding this issue. I have heard that you have to leave immediately but as it has been pointed out from what I have read, that is rather a challenge if you have kids in school, a place of residence etc.

Can anyone shed some light on this issue?

thanks,
K.

 

[nelsona]

All TNers who are laid off are advised to immediately file an I-529 -- filed by mail to USCIS -- switching to B2 (tourist) status in order to "wrap up US affairs". The entire family would seek this change of status. The term you request is usually six months, and is rarely denied. This is done providing minimum justification (need to complete lease, sell house, whatever).

In your sitaution, you could add a note stating your current medical condition. It would remove any doubt as to being granted the change to B2.

It is important to note that while requesting this status, one must stay in US to benefit from it. Once one leave's US for any reason, re-entry would be based on the same criteria any other Cdn tourist faces: Home in canada, bank/phone/utilities in canada, etc.

In a lay-off case, your husband would want to ensure that he maintains his company medical until at least after the delivery. This benefit is called COBRA, and allows the former worker to maintain coverage for a year; he would have to pay both the employee and employer portion of the company paln, so it would be expensive, but you can't afford not to have it.