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Immigration Q&A - April 18, 2010 Q1: H2B Visa Holder is Looking for Change of Status OptionsI’m having a work visa H2B visa right now but my job is going to end soon. I don’t want to leave and I want to stay legal. I don’t have a new job but I want to stay here. What can I do? Without more details it is impossible to review all of your options but if you would like to remain in the US to visit and travel, you can apply for a tourist visa and you can remain in the US to travel for up to one year. If you later find a job during that time or would like us to help you find an employer, you can later change back to an appropriate work visa. Q2: TN Status Denied at the Pearson Airport in TorontoHi, I’m the HR manager at [REDACTED] and we’re having some difficulties with several TN visas that I would like to ask you about. We asked some of our Canadian employees to apply for TN visas at Toronto’s Pearson airport and they were all denied and palced on the no fly list because the proposed work was “intermittent.” We just wanted these people to come work at our US offices for a couple days out of each month. Does the work have to be full time and for a long duration to qualify for TN? I would recommend that you never have any of your employees enter through Pearson. There are other border locations that are much more suitable. There is no full time or length requirement to qualify for a TN entry and we should be able to get this decision overturned at another border. Please send me copies of the CBP decisions and we can get this matter taken care of. |
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The Messersmith Law Firm, P.C. |
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