Options for someone laid off under a TN1 Visa

What are the options for someone who has been laid off under a TN1 Visa? I've read a lot of websites, and they all say that a person under this visa must leave the country within 3 days to 1 week....

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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kona
New Member

Joined: 08 Jun 2008
Posts: 9

Posted: Mon Jun 30, 2008 5:32 pm

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
New Member

TN visa help

Joined: 07 Aug 2008
Posts: 3
Location: Portland

Posted: Thu Aug 07, 2008 4:05 am

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
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Thu Aug 07, 2008 2:40 pm

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.
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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1592
Location: Calgary

Posted: Sun Aug 10, 2008 9:46 pm

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.
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