TN to B2 to TN

[baboon 0]

Hi all, I have been doing my research and this is my plan.

I am a Canadian working in California on TN.

I have high confidence that I am about to lose my job with current employer within the next 3 weeks due to budget cuts.

Bullet summary:

I am working legally with TN status, but I think it is about to run out.

Frantically looking for new job currently.

Have a filled-out I-539 to change to B2 status ready to express mail on my last day of work.

Will continue to look for work until offer is made, while I am pending-B2 status.

If I receive an offer letter, return to border, process TN and return to California.

Clearly I had an employment offer to enter the country on a TN so nobody can claim I was admitted with the purpose of 'looking for work'.

My question is will I have any problems switching from TN->B2->TN?

Or will I be in trouble because I continued my job search during TN->B2 transition?

Misc. details :

Renting an apartment, lease ends early next year

Own two vehicles

Living with US girlfriend of 2 years, would like to get married next year.

Thanks in advance for any help.

[canadian_wife 1,826]

Tricky, you are not technically allowed to look for work as a tourist under a b visa

To me, it looks like you are desperatly trying to stay in the US, probably for your girlfriend

Why not simply get married and adjust status now?

Good luck

[baboon 0]

Tricky, you are not technically allowed to look for work as a tourist under a b visa

To me, it looks like you are desperatly trying to stay in the US, probably for your girlfriend

Why not simply get married and adjust status now?

Good luck

Absolutely right, I don't want to leave HER.

She is open to the marriage option because we were planning on it eventually.

We just didn't want to rush it on account of my legal status running out.

We want to find a way for me to stay here so I can actually give a normal romantic proposal, invite all our friends and family and do it the normal way.

I understand this may be our best option, I just want good confidence in whether or not I will get in trouble by going TN->B2, back to TN without leaving the US.

My only hope for the argument, again, is that I was not "admitted to the US with the intention of looking for work".

I had this job for two years, so I don't think it's a problem to look for work right now.

My concern is whether applying the B-2 will be viewed as being re-admitted to the US, with the intention of looking for work for the next 3-5 months.

Thanks again for your response!

[canadian_wife 1,826]

Admitted or not admitted, you are using a technicality, your B status does not permit you to look for work.

Do you want to jeopardize your future in the US on a verbal technicality?

good luck

[Teddy B 17,252]

I used to believe that it was not legal to look for work while on a B1/B2 visitor visa, but have since found out otherwise. It is legal to look for work and accept a job, but it is not legal to start working until your change of status to TN, H1B or any other work visa has been approved.

Make sure to get your I-539 form into USCIS hands immediately after you lose your job or sooner if possible.

[Teddy B 17,252]

I used to believe that it was not legal to look for work while on a B1/B2 visitor visa, but have since found out otherwise. It is legal to look for work and accept a job, but it is not legal to start working until your change of status to TN, H1B or any other work visa has been approved.

Make sure to get your I-539 form into USCIS hands immediately after you lose your job or sooner if possible.

I also wanted to add this:

I am assuming you'll be filing your request to change your status to a visitor visa for the purpose of tieing up loose ends before going home. If so, there is a good chance your request to change your status to a visitor visa will be denied, simply for the fact that it takes USCIS a couple months to process an I-539 and you should have tied up your loose ends by then. So you're probably only looking at a 2 to 3 month window to achieve your goal. If you don't have a new petition for a TN visa in USCIS hands before receiving the results of your I-539, you will be out of status and need to leave immediately. Do not overstay, it will hurt your chances of future entries to the states to see your girlfriend.

[canadian_wife 1,826]

I used to believe that it was not legal to look for work while on a B1/B2 visitor visa, but have since found out otherwise. It is legal to look for work and accept a job, but it is not legal to start working until your change of status to TN, H1B or any other work visa has been approved.

Make sure to get your I-539 form into USCIS hands immediately after you lose your job or sooner if possible.

Really? Interesting, do you have that link?

Thanks for correcting

[Teddy B 17,252]

Really? Interesting, do you have that link?

Thanks for correcting

Hi Canadian Wife,

I was surprised to find this out just last week, but from what I can tell, it is true that it's ok to look for work while on a tourist visa, whether it be a B1/B2 or VWP. It is a gray area because there is no definitive wording that states you can or cannot look for employment on any USCIS or State Dept. website. But I was directed to wording on the US Embassy to Australia website by another poster here last week that does state very clearly that it is ok to look for work on a VWP, as you know, a VWP is considered the same as a B1/B2. I also talked to a friend who has worked in immigration on this level and he assured me that it is indeed legal to do so, he also stated some examples of major US companies that in the past have had potential employees come to the states on visitor visas for job interviews, Microsoft was one of those companies. He likened it to being the same as students coming to the states on a visitor visa to look for schools to attend.

Here is the link to the thread from last week: My link

Also here is the link to the US Embassy to Australia website, if you click on blocks number 2 and 3, it clearly states that a person on a visitor visa can look for work: My link

[jaycali 415]

You may look, search, apply, interview. You may not work.

OP: If you plan to get married soon anyway, I say time to think about doing it soon. You may have a bigger ceremony at a later date. It's not illegal to get married with immigration in mind, as long as the relationship itself is 100% bonafide and you intend to live your lives together as husband and wife.

Edited December 5, 2012 by Jay Jay