CND in CALI

I am a Canadian currently working on a TN visa, but I may be laid off next week. Our agency will most likely hire all staff back, but not for a couple months. Is there any likelihood that I would be able to go back to Canada and apply for a visitors visa so that I can remain in the US? And, if I do get a visitors visa, do I need to reapply for my TN if I am hired back by the same employer? Would I be able to skip the need for a visitor's visa if I am furloughed instead of laid off?

Any help would greatly be appreciated. Those 10 days to leave the country could start any day! ;-)

Jason C

There is no regulation saying you can't get a visitor visa, but convincing the INS officer to give you one may be an obstacle. You better have evidence of Canadian ties with you and an air tight reason for wanting to visit the US, (Looking for work isn't one) like visitiing relatives. In the case of your company re-hiring you, you don't need a new TN visa as long as yours is not expired. The "mulitple entry" stamp was first used for that purpose, for workers doing work "off and on" for a US employer. I once called the INS about this stamp and they said that you don't really need it, they will still let you in without it. I would call ahead to the PoE to confirm that this is still the case first though. If you are indeed "furloughed", then I'm not sure the rules on that, but people do take vacations and don't have to leave the country, I guess it would all depend on the time away from work. If it were me, and this is just my opinion, but if it were less than 1 month, then I wouldn't worry about it. Hope this helps.

Stuart Brook

CND in CALI wrote:
    > I am a Canadian currently working on a TN visa, but I may be laid off next week.
    > Our agency will most likely hire all staff back, but not for a couple months. Is
    > there any likelihood that I would be able to go back to Canada and apply for a
    > visitors visa so that I can remain in the US? And, if I do get a visitors visa, do
    > I need to reapply for my TN if I am hired back by the same employer? Would I be
    > able to skip the need for a visitor's visa if I am furloughed instead of laid off?
    > Any help would greatly be appreciated. Those 10 days to leave the country could
    > start any day! ;-)

You should get form I-539 for a change of status to B2 and complete it now ... except
for dating it, and mail it to the INS service centre for Calif (Laguna?) on the day
you are laid off. Furloughed is the same thing in the INS eyes. The day you stop
performing the duties you got your TN for, you are out of status. Do NOT send your
I-94 to the INS with the I-539, in spite of what the instructions say ... send a
photocopy of front and back. Add a cover letter explaining the need to wind up your
affairs and take a vacation (have something planned in the US). More than 2-3 months
will cause suspicion and a likely refusal.

If you go to the border, unless you've got an established residence still in Canada,
you will likely not be permitted back into the US for some time as a B2.

If you are rehired by the *same employer* with the *same duties* and salary within
the expiry of your I-94, all you need do is go to the border (a day out in Mexico
would work!) and return requesting re-entry in existing TN status. You must leave
and return to "change back" to TN. Don't go to San Ysidro ... too busy. Ask them to
stamp your passport on entry to show that you've changed to TN.

If you're rehired by the Agency, then they must provide you with a new letter and you
need to get a new TN. This will require a trip to the border. Go into Mexico (not
San Ysidro) and come back if you want, or go up to Canada (preferable because if it
goes wrong at least you're not stuck with the whole US between you and Canada!

Micnn

I am in a similar situation... layoff coming in a month. I have learned that there is
no grace period for TN workers after the termination of employement... did a search
on this site:

http://www.americanlaw.com/

where you can find info about applying for B2 while holding TN. That's the only way I
can think of right now to avoid leaving the US soil immediately after TN termination.
As you might have also heard that re-entering the US would be difficult, especially
for those of us who have cut-off our ties in Canada. I am contacting the HR and
company lawyers on this matter, still waiting for reply...

BTW, I might be wrong, but I think once being laid off, that would completely
terminate the TN (I-94) in possesion. Therefore even if the company decide to hire
you back in the future, a new TN application should be in the process. As I
understand, I should surrender my TN the day that I am flying back to Canada... just
my .01 speculation...

Good luck!

Jason C <[email protected]> wrote in message
news:<[email protected]>...
    > Originally posted by CND in CALI:
    > > I am a Canadian currently working on a TN visa, but I may be laid off next
    > > week. Our agency will most likely hire all staff back, but not for a couple
    > > months. Is there any likelihood that I would be able to go back to Canada and
    > > apply for a visitors visa so that I can remain in the US? And, if I do get a
    > > visitors visa, do I need to reapply for my TN if I am hired back by the same
    > > employer? Would I be able to skip the need for a visitor's visa if I am
    > > furloughed instead of laid off?
    > >
    > > Any help would greatly be appreciated. Those 10 days to leave the country could
    > > start any day! ;-)
    > There is no regulation saying you can't get a visitor visa, but convincing the INS
    > officer to give you one may be an obstacle. You better have evidence of Canadian
    > ties with you and an air tight reason for wanting to visit the US, (Looking for
    > work isn't one) like visitiing relatives. In the case of your company re-hiring
    > you, you don't need a new TN visa as long as yours is not expired. The "mulitple
    > entry" stamp was first used for that purpose, for workers doing work "off and on"
    > for a US employer. I once called the INS about this stamp and they said that you
    > don't really need it, they will still let you in without it. I would call ahead to
    > the PoE to confirm that this is still the case first though. If you are indeed
    > "furloughed", then I'm not sure the rules on that, but people do take vacations and
    > don't have to leave the country, I guess it would all depend on the time away from
    > work. If it were me, and this is just my opinion, but if it were less than 1 month,
    > then I wouldn't worry about it. Hope this helps.

Stuart Brook

MicNN wrote:

    > BTW, I might be wrong, but I think once being laid off, that would completely
    > terminate the TN (I-94) in possesion. Therefore even if the company decide to hire
    > you back in the future, a new TN application should be in the process. As I
    > understand, I should surrender my TN the day that I am flying back to Canada...
    > just my .01 speculation...

If they decide to hire you back *with the same duties that you were originally hired,
same salary and conditions outlined in the INS letter* and the I-94 remains current,
then you can re-enter on existing status. No need to tell the INS you were rehired.
Just request re-entry.

Stuart

CND in CALI

Thanks for all the info! Just a couple questions...Wouldn't submitting the I-539 form to switch to B2 let INS know that I am no longer using my TN, and therefore make it invalid if I get rehired? I don't have any problem going to the border to renew my TN (especially if I can do it in Mexico since it is so close).

Also, how long would it take me to hear back from my application to switch to B2? Since I have to leave in 10 days, would I need to have alternate plans in case they do not extend or do not get back to me in 10 days? Has anyone had any luck requesting to remain on visitors visa without leaving?


Thanks again!

Stuart Brook

CND in CALI wrote:
    > Thanks for all the info! Just a couple questions...Wouldn't submitting the I-539
    > form to switch to B2 let INS know that I am no longer using my TN, and therefore
    > make it invalid if I get rehired? I don't have any problem going to the border to
    > renew my TN (especially if I can do it in Mexico since it is so close).

All that becomes invalid is the current TN status. The TN "job" approval remains
valid until the expiry date on the I-94 as long as the job exists, so if the job is
recreated after the layoff, all is OK.

    > Also, how long would it take me to hear back from my application to switch to B2?
    > Since I have to leave in 10 days, would I need to have alternate plans in case they
    > do not extend or do not get back to me in 10 days? Has anyone had any luck
    > requesting to remain on visitors visa without leaving?

You may not hear back with the approval before the time you ask for is completed! 7
months is common! If you ask say for 60 days, and you haven't heard from the INS,
the either you must leave or file for an extension, as if it were approved before the
60 days are up.

Just don't ask for 60 days to "find another job" ... that will be refused. Make the
time request reasonable and give a reasonable reason ... wind up affairs and vacation
and they are usually accepted.

Stuart

Jason C

Actually the 10 day law is not a law, it is just a guideline. There is no law that says you have to leave in 10 days, contrary to popular belief. It is merely a prefered time that the INS uses so that you can expediately leave the country. But on the other hand, you have to have some status in the US if you are here, and an expired TN is not an acceptable one. The quickest way may be to drive to the border within the 10 days to avoid hassle.

Stuart Brook

Jason C wrote:
    > Originally posted by CND in CALI:
    > > Thanks for all the info! Just a couple questions...Wouldn't submitting the I-539
    > > form to switch to B2 let INS know that I am no longer using my TN, and therefore
    > > make it invalid if I get rehired? I don't have any problem going to the border
    > > to renew my TN (especially if I can do it in Mexico since it is so close).
    > >
    > > Also, how long would it take me to hear back from my application to switch to B2?
    > > Since I have to leave in 10 days, would I need to have alternate plans in case
    > > they do not extend or do not get back to me in 10 days? Has anyone had any luck
    > > requesting to remain on visitors visa without leaving?
    > >
    > >
    > > Thanks again!
    > Actually the 10 day law is not a law, it is just a guideline. There is no law that
    > says you have to leave in 10 days, contrary to popular belief. It is merely a
    > prefered time that the INS uses so that you can expediately leave the country. But
    > on the other hand, you have to have some status in the US if you are here, and an
    > expired TN is not an acceptable one. The quickest way may be to drive to the border
    > within the 10 days to avoid hassle.

It can take anything from a few weeks to many months to get the notice from the INS.
You can file an I-539 to request a change to B2 status for some reasonable period.
You must leave within the period you requested for the B2, even if you've not heard
from the INS. Although you become technically out of status for the period from the
layoff until you leave (assuming you don't hear from teh INS in time) because by
leaving the US your application is considered abandoned, it will be forgiven because
you've followed the correct steps to maintain status.

Stuart