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On TN1 visa, got terminated, what are my options?

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  • On TN1 visa, got terminated, what are my options?

    I'm a Canadian citizen, have been on TN1 for the last 5+ years (with 2 diff companies). I got terminated earlier on, and my 60-day grace period is ending soon. Have been focusing on finding a job so far.

    So, now I understand I need to change status, presumably to B2 visitor visa. I think I can apply online (but that seems to have a long approval timeline), or go to Canada (fly, perhaps to Vancouver / Calgary), and fly back. My questions are:

    1) if I apply online, can I stay in legal status? My I-94 is valid until May 2022, but TN1 visa wrapped up with the termination date.
    2) If I fly out and try to come back on B2 , I'd like to say "I need to sort out my affairs, and perhaps look for a job. I don't intend to work without authorization of course". Is that the right approach? Do the CBP officers consider that a fair request? My wife is working in US, and has her own GC. Will that cause them any concerns?

    Any other options?

  • #2
    Canadian citizens don't get US visas. You remain in status until 60 days after your termination, or until your I-94 expires, whichever is first. If you file Change of Status before your status ends (i.e. before your grace period ends), you can stay in the US while the Change of Status is pending.

    Did you marry before or after your wife got her GC? If you married before your wife got her GC, why not just get a green card via Adjustment of Status as your wife's derivative beneficiary?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      newacct Ok, thanks for the clarification. I meant change of status to B2, not necessarily a visa.

      In the i-539 Form Instructions, only dependents of TN professionals are mentioned in the "Who can apply" at #17. Is it still correct that as a (former) TN professional I should use the same form to apply for change of status to B2.

      Re: wife's beneficiary, I have a J1 HRR hanging, I need to sort that out before applying through that option.

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      • #4
        Originally posted by cdnbotha View Post
        newacct Ok, thanks for the clarification. I meant change of status to B2, not necessarily a visa.

        In the i-539 Form Instructions, only dependents of TN professionals are mentioned in the "Who can apply" at #17. Is it still correct that as a (former) TN professional I should use the same form to apply for change of status to B2.
        That is talking about the statuses you can extend (in the case of Extension of Stay) or change to (in the case of Change of Status). B2 is in that list, so you can use I-539 to change to B2 status.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Great, thanks for replying quickly. I think I'll go this route then, instead of flying over and trying to do this at the border.

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