TN job termination; Next Step

Hi Everyone,

It's very fortunate to find this forum and I see a lot of good posting here. I know there 's a similar topic but my case is slightly different. And I just wanna verify if I am doign the rite thing.

My case:

Job terminated last Friday, I have filed I-539 in the same day rite away to try to switch to B2 status.

two things,
I have a house here and I need to sell,
I am also looking for jobs.

the issues:

I see a lot of site says you need to leave within 10 days but I also hear you can stay after you file I-539,

my question is since I submit I 539, it's gonna take a while to process(a couple of month), can I stay in U.S to get rid of my house or should I still leave within 10 days even if it's still in process.

the other thing, for Canadian citizen, we dont need to get B2 to visit U.S rite, so what the deal of transferring to B2?


Thanks a million for all your help.

I'm not sure there is a reg that actually says ten days for TN-1, that's the case for people on a visa but as with many things with TN-1 status it's all a bit vague.

You can't legally look for a job on B-2, but you can enter to sell your house.

I'm not sure there is a reg that actually says ten days for TN-1, that's the case for people on a visa but as with many things with TN-1 status it's all a bit vague.

You can't legally look for a job on B-2, but you can enter to sell your house.

Hi Steve,

Thanks for your message. Do you think I can still stay in States and sell my house and leave the U.S and come back if I got a job?

thanks,
jack

Steve,this is what i found on TN visa under Wikkiepedia, it says B2 can be used for legal reason to look for a job. Is this wrong?

In the event of a job termination, the individual must leave the United States within 10 days from the last day of employment or the last day TN status expires (whichever is less). Legally, during this period, the TN holder cannot remain in the USA to look for a new job. If the TN holder's intention is to try to secure new employment before departure, he or she must immediately change to a B2 (Visitor) visa before searching for a new position. This can be done with a form I-539, "Application to Extend or Change Nonimmigrant Status." The TN holder must submit this form immediately following when the TN is terminated, because it must be in the hands of Citizenship and Immigration Services (USCIS) before the 10 days pass.

Definitely not legal to look for work as B-2. If you enter for a specific job interview you have specifically set up, you can enter as B-1. Or at least I think you can because I've done it (i.e. said directly: "I'm here to attend a job interview") and so have other people on here, although the regs seem to suggest that you can't.

B-2 is visitor for pleasure.

but how can they actually find out you got a job while you are in the states?

I can't comment on their law enforcement measures, that's what the regs say. If you attempted to enter in B-2 and said you were looking for work you would definitely be refused.

Just thinking about it that advice on wikipedia is doubly bad because if you're on TN-1 and you've already been in the US for six months they may refuse the application to change status to visitor.

Frankly that advice is total and utter crap because B-1 is the visitor category for business visits anyway.