From TN to B2 or F2 in case job termination?Whats Better?

Hi,
I am a full time student at NYU while my husband had been working in New York for a year on TN. However his company unexpectedly shut down yesterday (It was a small fund of 8-10 employees). But of course the fact that I am still here, my husband would like to stay here for another couple of months to wind up things and maybe even look for another job. We thought of leaving and re entering on B2, but I believe there is a possibility he may be denied that. A lawyer friend suggested to file a I539 for change of status to B2 saying the process takes around 60-90 days and even if denied we can still stay here and he might just find a job meanwhile. However the only problem I have with that is that if my husband gets an interview call from Canada (since he is now also applying in Canada and US) and he leaves then the I539 gets cancelled. Our friend in that case has suggested to cross the border and re enter on F2. For that I'll get a new I20 made for my husband on behalf of NYU and he can stay here and is flexible to reenter. So what are my chances of having no issues on re entering on F2? I was thinking of leaving and re entering with him to make it look plausible. And can he look for job on F2? and if he gets one can he then transfer from F2 to TN w/o leaving US. Please if you could answer urgently b/c we have to leave asap considering his TN status is no more valid now.

He is out of status now, so if he wishes to file an I-539, he had better do so Monday, otherwise it is too late. but, as you realize, a B-2 filing is a waste, as it is short term, and will die if/when he crosses border. Since you are F-1, he should be getting F-2. B-2 is a temp band-aid, that he doesn't really need.

You do realize that he could file I-539 for F-2 as well. But he can go to border by himself is you wish. He only needs to carry proof of your F-1 (you don't need fresh proof from school, a copy of your current I-20 will do). I would be going to border to get F-2, as this will clear up any doubt that he left US after his TN died. He should go next week.

I trust you have F-1? Otherwise (if you were on TD), you are both out-of-status and both need to go to border and get F1/F2. He can look for work on F-2, just like you can look for work while studying.

Thank you so much. Yes I am on F1 and will graduate next year. I know we can file for F2 through I539 but like u said I want him to leave asap and not violate anything so that there are no issues when we apply for his next TN. I'll get in touch with NYU office as well, b/c as far as I know they issue dependents I20 and we will just have to show that.

A copy of your I-20 is sufficient. He can go to border right now.

Thank you so much. Yes I am on F1 and will graduate next year. I know we can file for F2 through I539 but like u said I want him to leave asap and not violate anything so that there are no issues when we apply for his next TN. I'll get in touch with NYU office as well, b/c as far as I know they issue dependents I20 and we will just have to show that.

HI,
I am glad that you have looked into the matter and explored several options. U.S. immigration law can be complicated and it takes time and efforts to figure out which option is the best. In doing this you will also need to prioritize your goals: your husband's stay with you for now, both of your future status in the U.S., or the flexibility to cross the border.

Sometimes one may be overwhelmed by all this information and decisions, and seeking personalized professional advice will help. Our firm can help your husband make the right choice according to your needs, and also prepare an entry package if he needs to cross the border.

Give us a call at 1-866-929-0991 if you need help.

Michael Niren