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I am currently on a TN visa. I am on my two-week period, but taking a quick trip to Canada over the memorial weekend.

My last day would be on Tuesday the 4th (the day I return from Canada), and after that will remain for a week in the USA before departing back home.

Would it be better when returning to the USA to use my TN visa (as technically I will still work on the last day) or should I just use my B1/B2 visa instead?

I have paperwork that proves that I will leave the USA (plane ticket, contract for the new job, apartment lease in my home country).

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    What's your citizenship?
    – Alan Munn
    Aug 29, 2018 at 17:37
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    If the question is should I work on a B1/2 visa, the answer is no.
    – Jacob Horbulyk
    Aug 29, 2018 at 17:41
  • @Alan I am Mexican Although this answer should be also applicable for TN Canada
    – JJCS
    Aug 29, 2018 at 18:52
  • @Jacob I am aware I should not work on a B1/B2 my question is more along the lines for the reentry to the country with which Visa should be easier/better as both are applicable in this particular scenario
    – JJCS
    Aug 29, 2018 at 18:53
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    @phoog The practical differences are substantial, IMO even though the eligibility requirements are the same. As a Canadian I can turn up at a border with a job offer and my passport, pay my $50 and I'm admitted as TN. Mexican citizens need to apply for the visa at the US consulate. That's a big distinction. Furthermore, Canadian visitors to the US are truly visa free; there is no I94 record, but with a B1/B2 there is, as far as I'm aware.
    – Alan Munn
    Aug 30, 2018 at 2:47

1 Answer 1

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The TN visa requirements for Canadian and Mexican citizens aren't quite the same since Canadians don't need a B1/B2 visa, and can receive a TN visa at the border.

What is clear, however, is that if you are still employed on the date that you return from your trip, you must enter on the TN visa.

My understanding is that you are supposed to leave the country by the date your TN expires, and you can't stay longer unless you file to extend your status. For Canadians, this basically means simply leaving the US and coming back, and if you're in driving distance you could literally do that on the same day. Since you are Mexican and you already have a B1/B2 visa you should probably show it to US immigration and they will tell you what to do. According to the comment, they can't admit you on both statuses simultaneously; I don't know if it's possible for them to admit you on you TN until its expiry, and post-date another I-94 for the B1/B2 admission. If that's not possible you may need to go out and come back in again, so you might need a second trip to Canada (assuming it's close enough.)

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    CBP doesn't have the capability (legal nor technical) to admit a person on two statuses simultaneously.
    – krubo
    Aug 30, 2018 at 0:29
  • @krubo Well I did say it was a guess. :) So if that's the case, it's not clear what will happen, possibly a second quick trip to Canada might be needed. A lot depends on the actual date on the TN, which isn't totally clear from the question. I've updated the answer though to reflect your comment.
    – Alan Munn
    Aug 30, 2018 at 1:25
  • From what information is it clear "that if you are still employed on the date that you return from your trip, you must enter on the TN visa"? Can you offer a reference to support that statement?
    – phoog
    Aug 30, 2018 at 4:13
  • @phoog I'm assuming that being employed violates the terms of the B1/B2 status. So if you still have a US job you can't come in as a visitor. But I'm happy to delete the answer if it's too speculative.
    – Alan Munn
    Aug 30, 2018 at 4:53
  • Accepting this answer and will update regardless with the result for future reference
    – JJCS
    Aug 30, 2018 at 13:17

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