TN worker - to be laid off

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MC

Post Sun Dec 07, 2008 4:39 am


Presence in the US in a non-immigrant category counts against a stay as a visitor, so if he's been there more than six months as TN-1 an AOS to B-2 could be denied. The best way of doing it is to leave and reset the clock, given that it's the end of the year.



I agree with resetting the clock, you are right. I would be more concerned with not having an established residence in Canada. Therefore he/she might not be allowed back into the U.S. on B2 until utility bills, or apartment lease, etc. can be shown.

Therefore, it may be wiser to request a 2 month mail-in change of status to wind down affairs rather than attempt re-entry as B2 at the port of entry.
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Reba

Post Sun Dec 07, 2008 7:07 am

Perhaps this will help the OP make a decision:

Currently, TN nonimmigrants generally may be readmitted to the United States for the remainder of the period authorized on their Form I-94, provided that the TN nonimmigrant's originally-intended professional activity and employer(s) have not changed. 8 CFR 214.6(g)(1) and (2). TN nonimmigrants also may apply to U.S. Citizenship and Immigration Services (USCIS) for admission for a period of time that extends beyond the date of their original terms of admission at any U.S. port-of-entry. 8 CFR 214.6(h)(2 ). TN professionals also may, upon application to USCIS, be granted extensions of stay for a maximum period of one year. 8 CFR 214.6(h)(1). The spouse and unmarried minor children of TN professionals, if otherwise eligible, may be admitted in TD classification for the period of time granted to the TN professional, and may seek extensions of stay for the same period as the TN professional.


IMO, it is unclear whether they are referring to an extension of stay as a "renewal" of the TN (thereby extending their 1 year stay by another year), or if it is possible to extend your stay after your employment ceases.

The next paragraph however:

TN nonimmigrants are not subject to any maximum period of stay, as long as they continue to be engaged in TN business activities for a U.S. employer or U.S. entity at a professional level, provided they maintain the requisite nonimmigrant intent to depart the United States at the conclusion of their authorized periods of stay.


the horses mouth
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Tue Dec 09, 2008 8:44 pm

I suppose it depends on whether you speak bureaucrat-ese but given that I have a strong aversion to Americanisms at the best of times, "adjusting" and "changing" sound like similar concepts to me :p

The important bit is which form to use.
Steve.
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freemanhuangNew Member
Posts: 1
Joined: 16 Dec 2008

Re: TN worker - to be laid off

Post Tue Dec 16, 2008 5:34 pm

I was wondering why would I need a B2 if I leave and surrender the TN, and come back in January. Isn't a Canadian passport enough to be admited as visitor? Would I need to apply for something at POE?

Thanks.
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Reba

Re: TN worker - to be laid off

Post Thu Dec 18, 2008 5:07 am

No, you don't need to apply for anything. The status that Canadians enter as visitors is called B2.
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bones349New Member
Posts: 7
Joined: 10 Nov 2008
Location: San Diego / Waterloo, ON

Re: TN worker - to be laid off

Post Wed Feb 25, 2009 11:45 am

Simple question, with hopefully simple answer. If I get laid off on a TN-Visa, without notice, can I apply for unemployment anywhere?
Im currently working in San Diego, and I can feel things getting a little 'rocky' here.
Im from Ontario, and my guess is I would apply for Unemployment there? I've only been in California for 4 months, nothing crazy, my tax home is still Canada etc..
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StevenCanuckAbroad VIP
Posts: 3637
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Joined: 28 Sep 2007
Location: Calgary

Re: TN worker - to be laid off

Post Wed Feb 25, 2009 12:43 pm

Steve.
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