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Is it possible to transfer from B2(expired about 30 days ago) to a TN? (Canadian)

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  • Is it possible to transfer from B2(expired about 30 days ago) to a TN? (Canadian)

    Events happened in this order:
    1- I have been in US with a B2 until my Canadian Passport expired in january.
    2- I renewed my Canadian passport, they mailed me the new one. So now i just have a blank passport(new) and the old one with the b2 stamp.
    3- My old Canadian passport says the B2 expired January last month (about 30 days ago).
    4- Now I have a potential employer who wants to hire me, they interview next week, and they said if I am suscessful in the interview they will send in a I-129 on my behalf to sponsor/hire a Canadian (which would make me a TN visa?)

    Do I technically need to leave US before they can hire me since my B2 expired?
    Or am I good to stay until the I-129 goes through?

    Im worried that since it was a B2(pleasure) and that it is expired, that the I-129 they fill out will be rejected..

    Do I need to wait in Canada for the I-129 to go through and have me accepted for the TN visa before I return? or do I just need to literally go back to Canada and come back to renew my B2?

    I literally didn't realize that I was expired on the B2 until yesterday because I thought the renewal of my passport was the same thing as the renewal of the B2 (i just educated myself today reading up on it...) yikes?

    Hopefully I can have some help clarifying this confusion.

  • #2
    You should leave US ASAP. You have already overstayed.
    This is not a legal advice. Use at your own risk.

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    • #3
      Originally posted by listern View Post
      Do I need to wait in Canada for the I-129 to go through and have me accepted for the TN visa before I return? or do I just need to literally go back to Canada and come back to renew my B2?
      No. If you go to Canada and come back for TN then I-129 is not involved. The employer doesn't need to file anything. You would simply arrive at a US port of entry with the job letter and other documentation needed for TN, and the officer will make the determination whether to admit you into TN status or not.

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

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