Change of status visa TN to B2

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sophie45
Posts: 1
Joined: Wed Oct 31, 2012 2:08 pm

Change of status visa TN to B2

Post by sophie45 »

I am currently working in the USA with a TN visa as a Canadian citizen, but I will be terminating my employment in several weeks. I would like to stay afterwards in the USA as a tourist and do some traveling for about a month. What would be the best way for me to change to B2 status that you recommend please?

I understand that once my TN employment ends, I should leave as soon as I can because I would be out of status. I read that I could consider making a day trip to Canada, surrender my TN I-94 card at the border, and then re-enter the USA as a B2 tourist. Do you think that would be a good idea to leave and reenter on the same day or is it too risky that I might be denied entry? I would prefer going across the border to do it that way than requesting a change of status with USCIS as long as it is a safe option that I might be allowed back in.

Thank you very much!
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You cannot request re-entry as a tourist when you haven't yet re-estatblished Cdn residence, so to go to the border would be the WRONG move.

The correct method is to file an I-539 on or before the last day of work, requesting time in B2 (up to 6 months) to "wrap up US affairs". This puts you in B2 pending until you leave, or until the date you requested, whichever is first. Do NOT write "for vacation" or "to look for new job" as trhe reason.

Once you leave US after filing this B2 (don't expect a decision before you actually leave), you will be expected to re-establish Cdn residence (DL, plates, utility bills, lease, etc) before attempting to re-enter.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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