Options for someone laid off under a TN1 Visa

[kona]

I called the USCIS about the I-539 because I found the TN instructions unclear. I was told that yes, you can use that form to apply to change your status from TN to B-2 visitor.

I forked over the $300 (a hard thing to do since I can't collect UI benefits and need to save for COBRA -- sorry, I digress) because I am getting medical treatment and the round trip would be difficult. But as Steven says, if you're at or near a border, leave and re-enter there, if only to save the money from filing the form.

[man9]

Can the person who got laid off stay in US and look for another job so that the new company can apply a new TN visa for him/her?

[Reba]

technically no. You're required by the conditions of the TN to leave the US immediately if you are no longer employed by the company that sponsored your TN.

If under extenuating circumstances such as kona's and you have to remain in the US for medical reasons, an extension of stay may be granted, but if you just want to stick around to see if you can find another job, no, an extension of stay would not likely be granted.

[Steven]

Yeah, I wouldn't want to try applying for change of status from TN-1 to B-2, I'm not sure that advice is correct. If you have a medical condition that is a different situation. People receiving medical care for a serious condition can stay indefinitely in B-2.

Bear in mind too that if you've already been in the country more than six months you can't re-enter in B-2 (or maybe you can, depends on the mood of USCIS but usually the answer is "no").

Welcome to my world, had the same thing happen to me ages ago. One of the reasons why work permits are a pox on humanity, IMO.