Urgent!! How long my TN will remain Active after I stopped getting Paid!!

[CanadaIndianGuy]

Hi friends...
I was working as an IT Consultant at a Client A for the consulting firm B. I finished my Contract with the client on 16th Mar ( around 45 days back).
My Last pay check was until the period of 16th Mar.

Now, I have got an Offer for a Contract job with a new Client C for a new Consulting firm D. And, my new job starts from 10th May. And, I need to get a New TN at the Border. My new Consulting firm is ready with all the necessary documents that I need to carry at the border for the new TN status.

My question is, how long my current TN remains valid or legal , after my company stopped paying me?? When I go for the New TN at border, would it create any problems for me??

Pleaseeeeee reply to me ASAP. It is veryy urgent!!!
thanks a lot ...

 

[nelsona]

The TN dies the moment your sponsor stops letting you in the dorr, regardless of pay.

The correct way of maintianing status was to file an I-539 requesting change to tourist status.

You are out of status now, but until you reach 180 days, there is little consequence. once you leave US (to go get your next TN), this will all erase.

next time, remember to file I-539.

 

[simsd]

Theoretically you are now a visitor. Like nelsona said you have 180 days. So now all you have to do is find another job that fits your qualifications.

 

[nelsona]

Theoretically you are now a visitor.

Incorrect. he is out of status, the visitor status comes from either USCIS (thru I-=539) or CBP (by border entry requesting b2), not by any theory.

 

[CanadaIndianGuy]

pls do reply soon..

The TN dies the moment your sponsor stops letting you in the dorr, regardless of pay.

The correct way of maintianing status was to file an I-539 requesting change to tourist status.

You are out of status now, but until you reach 180 days, there is little consequence. once you leave US (to go get your next TN), this will all erase.

next time, remember to file I-539.

==========
Nelsona/simsd
Thanks a lot for your Prompt reply !!
So, what I understand is, I can still go to Border on 8th May ( as per what I had planned) with all my New TN related documents with the new company, and get a New TN on the Border ; and I would be all set to start my new job from 10th May.

For the next time, how do I file I-539?? Is it to be done at the border only? Is it normally always granted? And, If I file I-539 , can I still stay for 180 days ( max.) after my job is finished??

Do you think, I would be questioned at the Border when I go to get my new TN-1 on 8th May? What kind of answer should I be prepared with??

Thanks a lot!!!!

 

[TheRealCanadian]

For the next time, how do I file I-539?? Is it to be done at the border only? Is it normally always granted?

The I-539 is filed with USCIS, and can be downloaded from their web site. Generally, speaking, it is usually granted provided.

And, If I file I-539 , can I still stay for 180 days ( max.) after my job is finished??

You can stay until the date requested on the I-539 until it is ajudicated. Once it is approved, you can stay until the date on the new I-94 issued with it. If it is denied, you should leave the US ASAP.

Do you think, I would be questioned at the Border when I go to get my new TN-1 on 8th May? What kind of answer should I be prepared with??

It's doubtful. You should always tell the truth, but you are under no obligation to volunteer information that has not been asked for.

 

[nelsona]

I aggree with TRC. However, you have been out of status, and there is little you can do about it. Just be sure that you can document when your job ended, and that you do not overstay 180 days afdter that.

It should also be pointed out that the I-94 that you possess now gives you some wiggle room in that you have not been formally told to leave until that I-94 expires, so you should be fine.

One thing NOT to do at this point however, is leave US. Stay until the day you go for your TN.

 

[simsd]

nelsona,

Why does he need a B-2 if he's a Canadian Citizen? I thought Canadians don't need a visitor's visa?

 

[bigboy00]

nelsona,

Why does he need a B-2 if he's a Canadian Citizen? I thought Canadians don't need a visitor's visa?

Yes, you are correct - cdns do not need a visitor's visa - they need some status though - which is B2 in this case.

 

[nelsona]

nelsona,

Why does he need a B-2 if he's a Canadian Citizen? I thought Canadians don't need a visitor's visa?

Did I ever mention visa? Cdn VISITORS enter US on B-2 status. It is usually undocumrnted (no I-94) but it is B-2 nonetheless.

And just to clrify somewthing, the 180 days I talk about is not the 6 months one can stay on B-2. It is the number of days one can be out-of-status before it become illegal presence.