Thanks for the replies.
The only "horror story" I was referring to was this particular thread where a TN > B-2 AOS was denied:
**this forum isn't letting me post a URL*** stick the standard domain prefix for these forums in front of the following to see the thread I'm referring to:
/showthread.php?293400-Status-change-application-to-B2-got-denied...
But it's heartening to hear you say, nelsona, that it is almost unheard of (and I see you posted in the thread that it's only the 2nd case you'd ever seen.)
I reviewed that thread in detail, so will try not to repeat any of the Q's that were asked there, but there appear to be a few open issues:
1) Nelsona, you wrote that "the proper way is to file I-539 on last day of work", but the author of the 'horror' thread above claims that his was denied because it hadn't arrived AT USCIS by the final day of his employment...any clarity on this apparent discrepancy?
2) What are your thoughts on how long I can ask for in my B2 AOS? I see "6 months" cited most frequently, but my employer's (a law firm) immigration dept seems to think that the higher the request, the more likely it is to be seen as unreasonable and rejected. In your experience, is it safe to ask for 6 months or will USCIS try to essentially "match" up the length of time you request and the reason you claim to be asking for the AOS and reject you if they feel it's unreasonable? (e.g. I assume my petition will give reasons like "well, I need to wrap up my US affairs, sublet my apartment for which my lease runs through May 2011, and stuff like that >> is there a risk that if I ask for 6 months, USCIS will say "heck, what you described doesn't take 6 months, DENIED!" ?)
3) My understanding is that B-2 status individuals are NOT allowed to be job-hunting. I didn't see you mention this in any of your replies in that thread, but several times you write that people in my situation should start looking for new TN work immediately after filing the AOS for a B-2...is there not a risk, then, that you could find a new TN position, go back to a POE to enter with all your TN papers in order and have a CBP officer say "Hold on, your previous TN ended, you filed an AOS to a B-2, and now you're here at the border trying to come back in on a new TN,
clearlyyou must have been illegally job-hunting on the B-2!"??
4) Let's say I file the AOS as you suggest...I believe you wrote that I can NOT leave the country while my AOS is being processed, or else it will be rendered invalid, and I will then be subject to normal entry requirements (which include establishing a foreign residence.) Are there exceptions to this in case of emergency? e.g. I have 2 very sick grandparents right now, and although I will likely file the AOS, I hate to think that I could be faced with a decision between going home to see my grandparents at the cost of invalidating my B-2 AOS.
5)
Once my B-2 is approved, assuming it is (let's say for 6 months), can I then leave and re-enter the US at will without worrying about any foreign residence req? e.g. Let's say I go to Europe, and fly back into the US...when they ask me at the border what I'm doing, can I just point to my B-2 visa and say "I'm good...I have this B-2 that's valid for another few months for me to wrap up my affairs from my previous TN employment", or will they want to see proof of foreign residence? (What I'm getting at, is whether that's only a requirement for a POE B-2 to be approved, or whether it's ALWAYS a standing requirement even when you want to enter with an existing B-2)? (Or does a B-2 essentially expire the moment you leave the US?)
6) You wrote something interesting, which was news to me:
"Anytime a Cdn enters US as a tourist, they are entering on b-2, which pre-supposes they have a home in canada."
I was unaware of this >> I thought that, for example, when I lived in Canada, and came into the US for a wedding and I just told the officer that I'd be in the US for 2 days and he let me through right away, that I was NOT on any sort of official status (like a B-2), but rather that I was just, well, in an undocumented tourist status.
