I quit my job on TN visa - How to stay legally in the US?

[funjoy]

I am quitting my job this week. I wish to stay in the US for another 3 months (I've been living in New York City for over 2 years). I was on my 3rd TN visa, always for the same employer. My TN Visa expires in June 2009.

My employer (soon to be former-employer) is willing to do anything legal to help me (like keeping me as an employee without salary or something).

Or I could exit the country and come back as a tourist. But is that safe? What do I need to tell the custom agent? "Hi, I'm going to New York City for a 3 month vacation"?

I am not planning on working in the US.

Please note that these 3 months will be interrupted by one weekend in Canada. I will move back to Canada for good at the end of December.

[Steven]

It depends on how long you've been in the US, if you leave now and have been there since the start of the year, they probably won't let you in as a visitor because you've already been there for more than six months.

There was some dodgy advice someone copied from wikipedia about applying on I-539 for change of status - don't do that, because if you've been there for over six months you are essentially advertising to USCIS that you're no longer in TN-1 status and don't qualify for B-2.

If your employer can keep you on the books for three months that sounds like the best idea.

[canuck_in_cali]

I have just been through our renewal process and read we have 10 days to leave the Country if employment ends. I believe we would have to cross the border to come back as tourists. Everyone I know who has tried to visit for more than four weeks has had a lot of trouble coming down. I usually recommend booking a return flight for a one month trip and extending it later, they usually allow the maximum number of days (90) when they stamp your passport anyway.
I also think just staying on payroll as an employee and taking an unpaid leave of absence would be your best idea.

[Steven]

I believe we would have to cross the border to come back as tourists.

Like I said, you can only do that if you haven't already been in the US for six months. I was specifically warned at immigration about that so they definitely do check.

[qaksck]

I am in same situation , How can I stay legal after quitting my job?

[lawsrlaws]

Sorry guy, but when you applied for the TN you entered into an agreement that when your employment ends, so does your stay in the USA. Maybe following the law would be something you should think about.

I often wonder why us Officers scrutinize TN applicants so much? Hmmmm.....

[Reba]

[Dremani]

Sorry guy, but when you applied for the TN you entered into an agreement that when your employment ends, so does your stay in the USA. Maybe following the law would be something you should think about.

WOW