Qutting on TN

O

ontnb4

Registered Users (C)
Maybe an odd question:

I'm currently on TN-status, but increasingly dissatisfied with my job. Unfortunately, it's also become quite demanding in terms of my time, stressful, and when further combined with my commute, while it may sound strange, I just don't feel I have the time / mental-state to optimally find and prepare for interviews for another job while holding this one.

It would not cause me financial hardship to go without a job for a several months.

I've read that people can file for a change of status to a B-2... and it is common to request 6 months to wrap up US affairs.

I am confident I could find another job within that time window, and given that I intend to remain in the US (through employment) for the medium/long term, I would strongly prefer to remain in the US during what I expect to be this interim period -- with potential tax complications and the obvious hassle of temporarily relocating back to Canada driving that preference.

I have read the B-2 approach is usually associated with an involuntary termination, and that there is some risk of denial, though I recall seeing that associated with technical errors the filer made in submitting the form. Lost wages aside, am I crazy to consider this option? What should I be aware of?
 
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Follow-up question. If I were to go through this, there is some chance I would be asked to work as an independent contractor to support one of the projects I'm working on.

I have read this permitted under one's existing TN -- same job description, just different pay structure.

But my question here would be: I have read that border officials can ask you for a pay-stub as proof of employment for your previous TN. But the hours involved in supporting this project would likely be very intermittent (e.g. maybe a couple weeks every couple months), so would presenting a pay-stub associated with work of this nature put me at risk of not satisfy this hypothetical request from a border agent? If so, are there other ways to address it? Would I just get a letter from the company as means of "proof of current employment", or is it that work of this nature would not meet TN requirements?
 
There is no difference for B2 whether you quit or are fired. If you resumed TN with same firm, you would have to go to border to reactivate, so a new letter might be in order. You never need to present pay stub if you are going from tourist to TN. This is TN work. low hours will sometimes require that you have a home in Canada when you apply, but that is inconsistently applied.
I see no problem with what you are proposing/planning.
 
Thank you -- as always. Just a couple of clarifications/questions:

1) Pay stub question was with respect to TN (limited hours contractor with old firm) to TN (new job) scenario. I believe I have read that this is sometimes asked as a way of proving that you maintained employment throughout your TN. But as I say, there should be other generally accepted method of proving this... if you're generally expected to.

2) I recall reading previously you advised someone to start finding a job the moment they mail off the B-2 application, with a concrete plan to leave the country by its expected turn-around time. Is this just you advising extreme prudence / a special situation, the details of which I have forgotten? Or are B-2 denials something I should be realistically concerned about in this scenario -- not knowing any better, that is in fact my biggest concern.
 
One further (better?) question, if I may: would switching to B-2 impact my ability to file a 1040 (vs. 1040NR) and/or my eligibility for the LTCG rates, assuming I do not return to Canada in 2015.
 
No. Cdns can always file 1040. Besides , if you leave US, you don't have to worry about cap gains, they are forgiven you if you sell after you leave.
 
But presumably you'd pay (higher) CDN taxes then? Or this is an incredible tax loophole?

Again, thank you.
 
No, well known. I originally termed it the Canadian Roth about 15 years ago.
Discuss at forums.serbinski.com.
 
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