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[keirin79]

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[Steven]

1) I plan to leave the US on or around June 18, and return to the US as a visitor to look for employment. I guess I can get by the customs by saying that I am in the middle of moving back and I need to make one more trip to get my stuff and etc. Given that I will have already stayed in the US for more than 6 months on TN, will they grant me entry to the US as a visitor? I read somewhere that this is risky because I've already stayed in the US for the maximum period allowed as a non-immigrant (6 months)

Well first of all it's illegal to enter the US to look for work anyway and the second part of your question is that it boils down to what the CBP guy thinks. Legally if you've already been in the US for six months in a non-immigrant category, that's it, you've used your limit and you can't come back straight away, but different CBP people have different takes on it, e.g. six months this year rather than six months total. Given that it's June though I think there's a reasonable chance you're going to have a problem with that however they look at it.

2) I am also going to apply for UI (thanks to the posters here!). Do I have to wait until June 18th or can I go ahead and do it now? I lost all system privileges and access to the company intranet the day I got the pink slip, but as part of the severance package, they are keeping me on payroll for a month and that's when my visa will expire. So my question is - do I wait until June 18th (technically the end of my employment) or can I go ahead and apply for it now?

3) Related Q to 2). Do I have to be in Canada to be eligible for US unemployment benefits? I am assuming the answer is yes as I've practically lost work authorization in the US so I must return to Canada. The reason I am asking is that the online UI form I am filling out (for NJ) states that you have to reside in the US to apply online. Though I am going to apply by phone next week, I am just wondering what others in similar situations have done.

There's an enormous thread on here about it that JR_VAN contributed to, do a search.

[MC]

I know that this has been discussed a few times, but I couldn't find direct answers to my questions, so apologies for posting on the same old topic(s).

1) I plan to leave the US on or around June 18, and return to the US as a visitor to look for employment.

It is okay to enter the U.S. on a B2 to visit friends or family as your prime intention and then get called to some interviews and perhaps receive an employment offer or two. Some have gone to visit as their prime intent and then happened into a position. That might be permissible since your primary intention was entering as a tourist to visit. I know people who have just gone for a visit and ended up with a job offer but it could be debatable depending on whom you ask.

However, you really cannot enter the U.S. with your prime intention of seeking employment since it is unlawful.

Some have done it but really, it is illegal to proceed like that.

You may enter lawfully to attend interviews either via car or jet and you are allowed to conduct preliminary phone interviews but you really just cannot show up down there looking for work.