TN Laid off, what about TD?

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WEN12345New Member
Topic author
Posts: 2
Joined: 11 Jan 2009

TN Laid off, what about TD?

Post Sun Jan 11, 2009 11:51 am

I was working on TN for the past 3 years, and was laid off last Friday. It seems that I have to leave the country asap (wwithin 10 days?). I will leave by end of this week, but my wife and kids hope to stay 1-2 months in USA to close affairs. I am planning find new job in USA from Canada ASAP. My questions are:

1) (I am urgent yo know) Can my wife and kids stay in USA for around 2 months?
2) If I can re-enter USA from the border after staying 1 week in Canada.
3) Any other options?

Thank you very much in adavance.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: TN Laid off, what about TD?

Post Sun Jan 11, 2009 2:07 pm

Your wife
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WEN12345New Member
Topic author
Posts: 2
Joined: 11 Jan 2009

Re: TN Laid off, what about TD?

Post Sun Jan 11, 2009 3:04 pm

Reba,

what do you mean?
Thanks
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: TN Laid off, what about TD?

Post Sun Jan 11, 2009 11:08 pm

Your dependents have to leave "immediately" as do you. There is no time limit specified for TN-1 or TD dependents. You and your dependents can leave and re-enter as visitors. Whether or not that is a problem is entirely up to the CBP person you talk to and whether they're convinced you're only visiting and have non-immigrant intent.

In reality your employer has so many days to notify USCIS that you have stopped working for them, but the rule-of-thumb is ten days for you and your dependents to leave.

There's some dubious advice I've seen floating around about changing status on I-539 to B-2. I personally think this is a bad idea because the instructions say to submit it 45 days before your current status expires which is obviously impossible and it costs $320 to submit the application. Usually it's cheaper and far quicker just to re-enter.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: TN Laid off, what about TD?

Post Mon Jan 12, 2009 5:09 am

Sorry Wen, looks like the forum cut off my response. I said basically what Steven did. Your wife and children have to leave with you. Their status expires when yours does, which is basically 10 days after you've been laid off.
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df2kNew Member
Posts: 1
Joined: 7 Jan 2008
Location: Costa Mesa, CA

Re: TN Laid off, what about TD?

Post Mon Apr 06, 2009 12:57 pm

Hi Wen,

I've just been laid off as well. I'd like to know how it went with you when you transferred the TN visa to B-2 visa at the Amx/mex border as I live in California as well.

Please help. I haven't reached my 10 days of out of status yet. I am just afraid that I'll be denied entry back into the states as a b-2 for packing up my belongings.

Thanks!
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