From TN status back to visitor

josephkokomo
New Member



Joined: 30 Mar 2008
Posts: 1

Posted: Sun Mar 30, 2008 10:02 pm

 

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Dear experts:
I applied TN status (expired in August,2008) to work in US and decide to quit my job recently. I am confused what I should do to stay in US as a visitor in order to be with my girlfriend for several months. I have two questions.
1.Should I change my TN status to visitor immediately and how can I do it.
2.How long can I stay in US? According to the law, that visitor can stay in USA no longer than 183 days. I wonder if the days I work under TN status counts in those 183 days. I have asked Dept. of homeland security. They told me to file I-539 form for changing the status. But in the I-539, it doesn't mention about TN status only TD visa and it required at least 45 days. I wonder if I can cross the US border and come in US as a visitor.

Thanks for your help!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Mon Mar 31, 2008 3:05 am

 

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The law for TN visas says that if you are no longer working for the company that hired you, you must leave the US immediately.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Mon Mar 31, 2008 9:41 am

 

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Yeah, I think you can apply for change of status to B-2 but if you're near the border it's simpler just to leave and re-enter.

I think the time already in the US does count against the 183 days, I seem to recall being told this by INS some years ago, but you'd need to check the regs to be sure. It is actually possible to renew B-2 status on a one-off basis, but you have to have a good reason to want to stay more than six months and the impression I get is that it's hard for Canadians to do this, because USCIS take the position that a Canadian can easily leave and re-enter. The B-2 renewal is really designed for emergency situations, e.g. you live in China and your wife gets seriously ill while visiting so you have to stay longer. If you live in Canada it shouldn't be hard to go home even if you're seriously ill or there is some other sort of emergency.

You've also got the problem on a TN-1 that they might get suspicious as to why you want to turn around and re-enter on B-2.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Tue Apr 01, 2008 3:28 am

 

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And I don't think they'd consider "I want to stay with my girlfriend" a good enough reason to extend his stay.
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violet
New Member



Joined: 02 Apr 2008
Posts: 3
Location: Los Angeles

Posted: Wed Apr 02, 2008 10:48 pm

 

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You have 10 business days to leave the country after your TN visa expires. Canadians are allowed to stay here for 6 months, however you'd have to leave the US (cancel your visa) and then re-enter as a visitor. The other option is to apply for an I-539, but it costs $300. My friend did this, and he was able to stay for 4 extra months after his TN expired.

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perkyj
CanuckAbroad Regular


CDN in Illinois

Joined: 21 Mar 2008
Posts: 74
Location: Illinois

Posted: Thu Apr 03, 2008 5:21 am

 

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Can someone point me to an official document that speaks to having 10 days to leave the country when a TN expires. I've heard this before, but I'd like to use this information to have that window applied to the end of my Illinois License. Right now, they have it expiring on the same day as the TD, meaning that if my husband works through the end of his TN, I won't even be able to drive my car back to Canada. That 10 days, or really 2 weeks if it's 10 business days, would be a great help. TIA

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Thu Apr 03, 2008 6:41 am

 

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It depends what the State law says - some States grant Canadians a DL for a year (a very enlightened view because they understand you may not have an I-94), some grant until your I-94 expires and various other degrees of wackiness (for example New Mexico just grants a full DL).

My personal view which I have now expressed in writing to a State AG is that terminating a DL on the date than an I-94 expires contradicts Federal law, because Canadians do not need to get one in L-1 or TN-1 status, and if they renew inside the US in various categories they won't have one either.

I'm waiting to see what they say.
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Steve.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sun Apr 06, 2008 11:45 am

 

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You have 10 business days to leave the country after your TN visa expires. Canadians are allowed to stay here for 6 months, however you'd have to leave the US (cancel your visa) and then re-enter as a visitor. The other option is to apply for an I-539, but it costs $300. My friend did this, and he was able to stay for 4 extra months after his TN expired.

Another myth, you don't have 10 days to depart, that rule applies to H-1Bs, not TNs. You have until midnight on the day the I-94 card expires to be in Canada.
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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