10 days after job termination on TN visa: Myth or fact?

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The_KnightJunior Member
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Joined: 30 Sep 2008

10 days after job termination on TN visa: Myth or fact?

Post Wed Nov 11, 2009 12:48 pm

I am resigning a month before my TN visa expires. Problem is, I need to stay 6-7 more days to take an exam in another state. So am I allowed to do that? Changing my status to B2 will cost me $300 I cannot afford (I-539 filing fee), and I need to know if I absolutely need to do that for only 6 extra days... well?

Also, will I be facing any trouble flying to the other state for my exam 3 days after my resignation, with a TN visa which is no longer valid?

Thanks guys...
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agnelsonCanuckAbroad VIP
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Re: 10 days after job termination on TN visa: Myth or fact?

Post Wed Nov 11, 2009 1:41 pm

The 10 days is specific to H1, so it as a "myth" for TN.

However, since your I-94 will not have expired, you will merely be "out of status", which is far less onerous than being in "illegal presence" which would be the case once your I-94 expires.

In either case you could be removed from US, but since you are planning to leave, There shoulb be no problem.

The advice to file for B2 applies to those with no intention of leaving US soon after loss of status; I wouldn't be bothering in your case.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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The_KnightJunior Member
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Posts: 26
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Joined: 30 Sep 2008

Re: 10 days after job termination on TN visa: Myth or fact?

Post Wed Nov 11, 2009 1:44 pm

But I am planning to return months later as a J1-holder, and I don't want any black marks or legal problems....
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agnelsonCanuckAbroad VIP
Posts: 2869
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Joined: 26 Aug 2009

Re: 10 days after job termination on TN visa: Myth or fact?

Post Wed Nov 11, 2009 2:13 pm

Once you leave US before your I-94 expires (handing it to the Cdn officer, as per I-94 instructions), you are clear: this will document you left before illegal days began to count.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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The_KnightJunior Member
Topic author
Posts: 26
Topics: 2
Joined: 30 Sep 2008

Re: 10 days after job termination on TN visa: Myth or fact?

Post Wed Nov 11, 2009 2:14 pm

Oh ok.... thanks that is such a relief.
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MCCanuckAbroad VIP
Posts: 364
Joined: 25 Nov 2008

Re: 10 days after job termination on TN visa: Myth or fact?

Post Fri Nov 13, 2009 11:03 pm

If you were terminated under TN, you have to depart the U.S. right away. Right away means right away. For H1B Status, you have up to 10 days to wind down affairs and physically leave. Taking up to 10 days to wind up affairs on TN Status should not be problematic however. Thus an exam in another state should not pose a problem here. So there is a bit of myth and fact that applies here.
MC
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The_KnightJunior Member
Topic author
Posts: 26
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Joined: 30 Sep 2008

Re: 10 days after job termination on TN visa: Myth or fact?

Post Fri Nov 13, 2009 11:07 pm

MC wrote:If you were terminated under TN, you have to depart the U.S. right away. Right away means right away. For H1B Status, you have up to 10 days to wind down affairs and physically leave. Taking up to 10 days to wind up affairs on TN Status should not be problematic however. Thus an exam in another state should not pose a problem here. So there is a bit of myth and fact that applies here.

The beginning of your message made me terrified. However, I'm really leaving on my 6th day post-termination. If someone thinks these 6 days will cause a black spot that could affect my chances of re-entry, please speak up.
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MCCanuckAbroad VIP
Posts: 364
Joined: 25 Nov 2008

Re: 10 days after job termination on TN visa: Myth or fact?

Post Fri Nov 13, 2009 11:20 pm

It should not terrify you. If you wind up your affairs on TN within 10 days or so including your exam and hand in your I-94 to Canada Customs upon re-entry to Canada, you should be just fine. Just wind up your affairs just as quickly and judiciously as you can. 10 days or so should not affect your re-entry into the U.S.
MC
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