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legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 9407
Experience:  Just Answer consultant at Self employed
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I am working in US on TN. citizen. I have been with two

Customer Question

Hi, I am working in US on TN. I am Canadian citizen. I have been laid with two weeks notice. What are my options? Do I have to leave the country immediately?
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know if there is a way that I can stay in US and continue to apply for another job?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  legalgems replied 7 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 7 months ago.

I am sorry to hear this; are you currently H-1B status?

Customer: replied 7 months ago.
I am on TN.
Expert:  legalgems replied 7 months ago.

I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue. If so can you please verify this is a H-1B visa?

Customer: replied 7 months ago.
my question is what happens when my job ends in two weeks time? When do I have to leave the country? Is there anyway that I can stay in US and apply for another job?
Expert:  legalgems replied 7 months ago.

IF one is on an H-1B visa, then one must leave the country as soon as the termination becomes effective as that event renders them out of status.

There is no applicable grace period, which can create issues.

If, however, a person is able to secure other employment, the H-1B can be transferred to the new employer. If there is a gap, that can create problems, but the officer does have the discretion to waive that. That typically occurs when the following situation arises: the gap between employment is short, there have been no other violations of status, 3) not excusing the gap would cause extreme hardship to the worker; and 4) the worker is not currently in removal proceedings.

Another option is to apply for a B1 Visa - please see here. This allows the person to remain for up to 6 months while looking for a job. If they find a job, then the employer must apply for a H-1B visa before the employer begins work.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 7 months ago.
1) I am on TN not H1B
2) How do I apply for B1 visa? I am here with my family on TN
Expert:  legalgems replied 7 months ago.

I apologize; that came through as the state at issue.

The same information applies to a TN; it is imperative to have a change of status so one does not go out of status. That blue link above is the form and explains the process for a B1 visa.

Here is additional information on those requirements.

Once a person becomes out of status, then it makes it more difficult so it is important to get the process started so it is wise to hire an attorney to assist with the application. The attorney would likely advise the premium processing to expedite the process - please see here

Expert:  legalgems replied 7 months ago.

Checking to see how the above worked out for you.
If you decide to hire an attorney:

Here is a link to the bar association's legal referral site:

Thank you for using JA!

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