Expiring TN July 1, break, J-1 internship Aug 15

I feel as though I am possibly trying to do something wrong or sneaky so I would be grateful for some advice!

My current TN visa expires on July 1, 2009 and I plan on leaving the country the day before. After that I have a new, paid internship (I'm getting a J-1 visa) which starts on August 15.

(This will allow me to get the experience I need to finish the requirements for my applied degree which unfortunately my TN visa job fell short of due to recession induced cutbacks.)

Between July 1 and August 15 I plan on coming back to the US and spending time with my boyfriend, and possibly volunteering at the local community garden in my free time until the new job starts.

I believe that since the visa is issued at the POE, that I will have to leave the country again in August and return with my DS-2019 and any supporting information to get my visa.


My questions are:

1. Is there a specific period of time after I leave (and my visa expires) that I must remain in Canada?

2. When I re-enter the US, should I go as a tourist and not say anything about my upcoming internship?

3. Does anyone have any additional advice on how I should handle these summer plans?

Thanks,

Jolene

1. Is there a specific period of time after I leave (and my visa expires) that I must remain in Canada?

No.

2. When I re-enter the US, should I go as a tourist and not say anything about my upcoming internship?

I would not volunteer any information about the internship, but if you are asked about it, you would need to answer truthfully.

I doubt you would have any problems otherwise as far as your summer plans go.

1. Is there a specific period of time after I leave (and my visa expires) that I must remain in Canada?

Any stay in a non-immigrant category counts against a stay as a visitor and the usual maximum permitted stay as a visitor is six months.

So if you've been in the US already this year for six months they may not let you in as a visitor. You'll be okay as J-1 though because that is not a visitor category.

CBP seem to be spotty on enforcing this based on comments I've seen on here (I suspect because they aren't very good at tracking Canadian visitors), but certainly some years back it was pointed out to me at a POE by an INS officer, who was crystal clear he would have denied my visitor entry if I'd already been in the country six months that year.

Thanks for the reply Steve and axolot.

So I think I am going to make plans to stay in Canada for the 6 weeks between visa expiry and getting a new visa. It's really not that long of a time and hopefully I can find some odd jobs during my break! A girl just can't sit around all day and read books!