If I get laid off and fly home for Christmas what do I do?

I have a feeling I'm not going to survive the next round of Layoffs

The date will probably be Nov. 17th. So, my TN Visa expires March 2009. I will be buying a ticket to go home for Christmas (Dec. 25th). I plan on staying in California until then and returning after Christmas. I will be looking for a job in the US (Cali, Boston) and Canada (Montreal, Toront) but don't want to move anywhere until I get an offer.

My question: What do I say at the border come Jan 4th, 2009? Do I say "I'm going back to finish up my business in Cali" or do I say "I'm looking for work and cannot move until I find a job" or should I just get a tourist visa?

I know I technically should move back to Canada but I refuse to move until I know where the hell I'm getting a job offer. I have a very old cat and I'm lazy as hell. I don't feel like hopping around. Help me out guys!

PS- What about the TD Visa?

Unfortunately, you're not in a good situation. As you probably know, your TN is only valid as long as you are working. If you get laid off on Nov. 17th you pretty much have to leave the US on Nov. 17th (general consensus is that they might give you a week or two before you leave but technically by Nov. 18th, you're in not in the US legally). What you should doing after you get laid off is apply for a change of status to tourist but I don't think that's good for you if you plan on going back to Canada for Christmas. I wouldn't be surprised if even if you changed your status to tourist on Nov 18th if by Jan 4th, they don't let you back into the US - if you do the change of status, you probably have to stay in the US until you can get a new TN. The length of your tourist stay is going to be tricky as well - they'll probably grant you 2 months, but if you ask for more than that, they could certainly refuse it. I certainly wouldn't say "I'm going back to finish up my business in Cali" (you're not allowed to work) and you're not allowed to go to the US to look for work so "I'm looking for work and cannot move until I find a job" won't fly. You have to tell them that you are taking some vacation and will be returning to Canada on XX day.

TD visa is tied to your TN - it's only valid as long as your TN is valid

So which option would you take?

a) Not go home for Xmas to avoid all this crap and stay in Cali until I get a written job offer and then move once I get the offer.

b) Go home for Xmas via a 1-way ticket and then get a return ticket from Canada-US and say I'm going for vacation. Won't this one be suspicious since they can see my TN Visa stamp?

Both of these options sound sketchy. I really hope that I can just change my status to visitor and there should be some grace period to find a new job and move your crap etc. I'm just going to wing it and probably opt for a) since if they don't let me back in the US I can always try the next day and hopefully I'll get a nicer officer. I still have a lease for my apartment so I need to find a subletter, sell my car. tons of crap. It's unrealistic. And, spending Christmas all alone is extremely unrealistic. lol

I just figured out a solution. enter the US under the same TN Visa! It doesn't expire until March '09! I have been going back and forth using this Visa between Canada, US dozens of times and no one has ever asked for proof that I'm still employed.

I know it's a little deceptive but whatever. com'on it's the only way that makes sense!

The TN visa is void as soon as she loses her job, so that won't work no matter what the expiration date is on it.

Once you lose your job, you have to leave the country, no ifs ands or buts about it. There is no "change status to visitor" you have to leave and return to Canada.

How won't it work is what I'm asking? How exactly will they KNOW?

OMG I don't even like Shreddies! Dude you like weird cereal.

They don't know but that's the law. There's some bad advice someone posted from Wikipedia that says you should file for AOS on I-539 to a B-2 visitor, but the problem with that is if you've already been in the US for more than six months as a non-immigrant this year, they may turn it down, so applying merely advertises to them that you're out-of-status.

However if you enter after Christmas (i.e. in January) then you should be able to enter as a visitor no problem as it's a new calendar year.

Bear in mind it's not lawful to look for work while in the US. You can enter to attend a specific pre-arranged interview but that's about it.

Well if I enter as a visitor I'd need a return ticket to Canada, I'd have to lie and say I'm not looking for work, and it would be suspicious because I'm going on vacation but I don't have a job? I used to visit the US all the time as a visitor but I was a student. Now it may seem weird. Either way, I have to lie OR just go back to Canada. And, if I go back to Canada I'd have no phone number, nowhere to live, and I'd screw over my landlord which makes no sense either?

It's obvious that under their "system" you have to lie to some extent otherwise you screw yourself over and end up moving back and forth wasting time and money. They should give you a 2 month grace period to find a new job before you move to god knows where.

Hrm. thankfully I still have a job. for now. Thanks for your post Steven, it was VERY helpful!

No, its obvious under their "system" that you're supposed to keep ties to Canada and not pick up your entire life and move it to the US. The TN is a temporary status, it is not dual intent. The law has always been the same with it, and if you lose your job or quit the job that got you the TN, you're supposed to leave the country, not stick around to try and find another job and remain indefinitely.

it would be suspicious because I'm going on vacation but I don't have a job?

It's entirely lawful to re-enter to get your stuff. Just explain the situation, last year I was on TN-1, I came home for Christmas, I need to enter for a few weeks to get my stuff. B-2 isn't just for tourists.

If they ask what your residential ties are, it's a legitimate explanation, "I'm in the process of re-establishing them".

Yes they might give you hassle, but if you've got a return ticket and your packing list with you I can't see why it would be that big of a problem.