TN question

Moderator: Reba

TN question

Postby janewu » Thu Sep 20, 2007 6:34 pm

I am a Canadian Citizen working in US on TN visa. My TN visa will expire on Jul 2008. But I just lost my job.
My question is:
How long can I stay in US from the date I lost job. If I can stay another 6 months, do I need to apply for other type of visa/status (such as visitor's visa)?

Thanks
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Postby Reba » Fri Sep 21, 2007 3:11 am

If you're just going to stay in the US and hang out and be a couch potato, or beach bum for the winter, no, you probably don't need a visitor's visa. But if you plan to find a job and work, you will definitely need a visa.
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Postby TNVisaExpert » Fri Sep 21, 2007 11:01 am

You have about 10 days to leave after your TN Visa expires unless you have a B visitors visa.

You want to look into changing your status to visitor
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Postby Christopher G. Rizzo, Esq » Fri Oct 19, 2007 11:16 am

TNVisaExpert wrote:You have about 10 days to leave after your TN Visa expires unless you have a B visitors visa.

You want to look into changing your status to visitor


The 10 day period is myth, that applies to H-1Bs and its an informal rule not in the Federal Regulations. You need to depart the U.S. immediately.
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Postby lbhl » Sun Oct 21, 2007 10:06 am

It's rather funny that ANY Canadian citizen can live in USA for up to half of year on a visitor status without bothering to obtain any visa like TN while the TN holder "loses lawful status" in US IMMEDIATELY after he loses job and "have to depart US IMMEDIATELY"

In the sense of helping a Canadian citizen enter US (not consider how long one can stay), A TN status (visa) is NOT an advantage, but a disadvantage (once you lose job).

However, one may state his status is changed to Visitor AUTOMATICALLY once he quits his job so he does not have to go out the states then reenter. Although this might not be allowed in US immigration law (or might be?), in practice, I don't think any people will bother to leave first and try reentry again, unless he is COWARD .They will definitely keep staying in US and look for another job. In addition, I really don't think there is any record that you lose your job. I seriously doubt if your former employer will report your status. Where and how to report? Even no such procedures in law, I think, although H1-B visa employer can and may do it. Unlike H1-B program where the employers file petition for you to immigration department, which means both the employer and US immigration dept. should record your crucial identifications for entry purpose, for the former TN employers to report you, however, the bottom line would be that they also have such kind of knowledge like your Canadian passport NO. or TN visa NO. (if available) in hand. I know this is not the case. A simple employment letter let you get a TN status. They even don’t have any record in computer database for who and where is your employer. Thus US border officers won't question you next time when you enter US from Canada, so you have nothing to worry about.

The rules for Canadians to enter USA or how long he can stay in the states are sometimes ambiguous compared with other countries. At least the rules for Canadians are not strictly followed or are up to the individual border officer's mood how to explain and apply them. However the trend is it becomes stricter and stricter. Anyway, fortunately, in the world, who can enter USA MOST EASILY and who has the BIGGEST opportunity to stay long in USA compared with other country citizens? ----- Obviously Canadians.
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Postby Reba » Mon Oct 22, 2007 3:22 am

wow, you're really into trying to figure out how to stay in the US illegally aren't you? Why, were you recently denied entry and banned? Were you recently denied a visa of some sort?

There are consequences to every action. Trying to figure out how to skirt the system while posting on a public internet forum is not the smartest. As mentioned previously, even USCIS and police forces use Google.

Encouraging others to try to illegally skirt the system is also not a good idea.
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Staying in US after Job ends - time to pack and move? - TN-1

Postby bsuser » Thu Oct 25, 2007 7:20 am

I am currently employed at a university in the USA as an instructor, with a TN-1 Visa that expires in August 2008. If I loose my job, or quit, before that time - say, the end of December 2007 - and my intention is to return to Canada, how long can I remain in the USA to pack up my belongings, hire a mover, and move back?

I'm thinking that I could leave my work at the end of December, and then spend January packing for the move, with the intention to leave at the end of January to go back to Canada.

Would I be legally allowed to stay for the one month, if my intention is to leave, and I am not receiving income from any source in the USA, and I am simply spending my time getting packed up for the move?
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Postby Christopher G. Rizzo, Esq » Thu Oct 25, 2007 8:13 am

Ibhl I think your posts are dangerous. Reba is correct, USCIS and maybe even ICE (Immigration & Customs Enforcement) may monitor these message boards. Noncompliance with the regulations can lead to nasty consequences for you including immigration penalties and even criminal prosecution.

Bsuser: again, you need to immediately depart the United States, there is no 10 day grace period, its a myth.
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