TN Visa period of grace?

viajero

Registered Users (C)
#1
One question for the group.....

What is the period of grace once TN visa/I94 is due?.

My Visa/I94 is due on June 18 and I will leave the US on June 24.

What is the period of grace?
 

nelsona

Registered Users (C)
#2
None. The grace period ends with the I-94 expiry. If you lose your TN job before I-94 expiry, you have up to 60 days grace or I-94 expiry which ever is soonest.

But, if you are asking how late after I-94 expires can I leave US at end of my TN, I'm sure there will be no repercussions of you leave with 2 weeks of expiry. But realize you are accumulating days out-of-status.
 
#4
I also have some questions about the grace period. If I lose my current job before TN expires:
1. must I submit application to extend/change nonimmigrant status (form I-539) online?
2. when shall I submit this application?
2. if I change from TN to B1, will it affect me negatively when I request a new TN in the future?

Thanks!
 

nelsona

Registered Users (C)
#5
1. No you can mail it.
2. Before your grace period expires.
3. It would be change to B2, not B1, and no this would not impact future TN, and in fact would allow you to file for TN from within US without need to go to border, if you so chose.
 
#6
Thank you nelsona. one more question. My B1/B2 visa expired several years ago and I have not applied for a new B1/B2 visa. so even without a valid B2 visa, when I lose my TN status, I still can file form I-539 within the US to change to B2 before my grace period expires, ie. within 10 days after I lose my TN status?
 

nelsona

Registered Users (C)
#7
Yes. Visas are for travel. I-539 is for status, and grace period is only if your I-94 is not expired. Besides, once you got TNvisa, your previous visas would be voided.

You can get a B1/B2 visa later if you need.
 
#8
Thanks! I remember the process to apply for my first B2 visa is not simple. I filled forms, booked interviewing time online, and was interviewed by customs officials.

Just to clarify:
1. I can apply and transfer to B2 with form I-539 at the same time, right?
2. the latest time to submit form I-539 is the day I lose my TN Status?
3. what if I obtain a new TN in the 60-day grace period but later (say, 4 months later) I am notified that my B2 visa is approved based on form I-539? What's my status by then? TN or BS?
 

nelsona

Registered Users (C)
#9
1. Not understanding your question. I-539 is to change to B2.
2. You can submit upto 60 days after losing your TN, or when your I-94 expires, whichever is soonest. Once you apply for B2, there is no more TN grace period. You are now in B2 status for the period you requested on your I539.
3. As is always stated here, as soon as you get a new work status, you MUST formally cancel any other pending applications, otherwise if one is approved (or denied) later, that will become your new situation.
 
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