TN Change of Status and New TN

Urgent help needed on new TN after job termination:
I was laid off from my job without any prior notice on 4/17/2009 (Friday). On 4/20/2009 (Monday) I filed form I-539 for change of status to B-2. (My I-94 was valid upto September 2010 which I understand does not mean anything ) I did not include any cover letter mentioning the reasons for the request of change in status.

(Q 1) Does it amount to automatic rejection as no reasons were attached to the application ?

(Q 2) How tough are they on the issue of out of status thing as the B-2 was not filed on the last day of work (noting I filed it on the first working day possible).

I am hopeful of getting a new job offer letter in the next few days.
(Q 3) What is by best bet (1) to go to the border and apply for a new TN or (2) file form I-129 ? If you advise drive to the border should I go straight to the US side or first go to the Canadian side and drive back to the US side.

They may or may not approve the B-2, it really depends. If you've been in the US for longer than 6 months already, they may not approve it. Also, the I-539 needs to be in the mail on the last day of employment. If they don't approve it, you'll have to leave immediately.

If you get a new job offer, you will not be able to adjust to TN. You'll have to go to the border and re-apply. You must leave the US and re-enter to apply, you cannot apply on the "US side." (Basically, you enter Canada and make a u-turn going back into the US.)

Thanks for the Answer Axlotl:

(Q 1) Is there now a way that I can send CIS the reasons for filing the B-2 or should I just wait for them to ask me the reasons. Also, do they ask the reasons or would they reject my B-2 application on the basis of inadequate support.

(Q 2) If I go to the the border and the treaty office asks me why I filed my B-2 application 2 days late does the reason that I was laid off without notice on friday evening and I filed for B-2 on Monday (i.e., ASAP) seem reasonable answer.

(Q 3) What happens if the treaty officer does not approve my new tn visa; can I ask him to let me back to the US to wind up my affairs or go back to Canada and then file form I-129 Premuim processing and stay in Canada for 15 days.

(Q 1) Is there now a way that I can send CIS the reasons for filing the B-2 or should I just wait for them to ask me the reasons. Also, do they ask the reasons or would they reject my B-2 application on the basis of inadequate support.

They can reject it based on the fact that you did not provide an adequate reason for changing your status. That's why it's always better to just leave the US immediately and get a B-2 at the border. If you let them know that you've been laid off and are just getting your affairs in order, they will allow you to enter on a B-2. Adjusting your status is rarely a good idea as the cost is often prohibitive and there is no guarantee of success.

You can amend your I-539 if you feel it will help your application. When you get the receipt, send them a letter stating that you want to amend your I-539 and state the question number and revised answer.

(Q 2) If I go to the the border and the treaty office asks me why I filed my B-2 application 2 days late does the reason that I was laid off without notice on friday evening and I filed for B-2 on Monday (i.e., ASAP) seem reasonable answer.

If you leave the US while your I-539 is pending, your application will likely be considered to be abandoned.

(Q 3) What happens if the treaty officer does not approve my new tn visa; can I ask him to let me back to the US to wind up my affairs or go back to Canada and then file form I-129 Premuim processing and stay in Canada for 15 days.

They will not let you enter the US if they deny your TN application. They'll tell you what the problem(s) are and tell you to come back once you've rectified them.

Thanks again Axolotl !

So I suppose my only choice is going back to the canadian border and I will first have to enter Canada and then turn around to get my new TN.

(Q 1) Should I turn around immediately and apply for the new TN or stay in Canada for a day or two and then apply.

My husband works in the US on a J-1 visa and not dependent on my visa (his visa expires in December)
(Q 2) Does it complicate things if the treaty officer asks me if I am married and have family (I do not have any ties in Canada; no house; no relatives)

You can enter Canada and turn around immediately after the border, or wait a couple days. Doesn't matter.

Your wife being on a J-1 shouldn't be a problem, but I would not tell the officer that you have no ties to Canada. That is not a good idea.

In the American immigration system, the harder you try to follow the law, the harder they come down on you. You could have just stayed and not told them anything. Likely nothing would have hapenned. They really do not know when you left the US if you left by land. It would be better still if you left and came back as a visitor, but they likely would not let you back in until you had a rent lease or property title in Canada. But now that you filed for adjustment of status, at least you get to stay until they make a decision. Hopefully you can find another job before they get back to you on that. Then there is the next issue of whether they will let you get another TN-1. Although they should, it all depends on what unaccountable officer you get on the border. Beware that it is likely that they will claim that you do not have enough ties in Canada for another TN-1, because you asked for the change of status, instead of just going home. So get those ties (e.g., Canadian address, Canadian bank statements, Canadian drivers license, Canadian health card) ready. With a little luck, it will all work out. Good luck.

They really do not know when you left the US if you left by land.

Mmm, well, CBSA is supposed to make a note when you re-enter and CBP supposedly have access to that information but it all seems to be an enormous mess to me and if you leave via a third country it's even harder to tie the records together, hence the WHTI.

If you use a NEXUS card they know when you left, that database seems to work.

Mmm, well, CBSA is supposed to make a note when you re-enter and CBP supposedly have access to that information.

As Canadian citizens, usually they do not scan our passports when we come in to Canada. I doubt that our arival is in any database at all. Maybe the CBP knows the licence plate of cars that are leaving, but you can always go in with a Canada-registered rental car to apply for your TN-1, if you are concerned about that.

I've sat at Sweetgrass secondary inspection and watched someone pull up at the window who was denied entry into Canada and the CBP guy actually walked over to the CBSA side and asked them what the reason was instead of looking it up.

A lot of this stuff they put out is largely mythical BS so we don't know how hopeless their system is, imo.