TN Visa extension

B

Bhenrey

Registered Users (C)
I was informed by a gentleman/lady to post my problem here with TN Visa

Here is my question

I will be going for a TN Visa extension this month and have a couple of questions.
I will be applying for the Management Consultant category going for a 3 year extension from a land POE
I'll place my question if anyone can add anything it will be much appreciated.


1) I am working as a consultant to a US company placed by a Canadian Company ( The only relation i have with the Canadian company is that they send me a paycheck every other week) I report to US management

2) I work on a 1099 which is issued by a Canadian Company. I am wondering if this is a Grey area or getting paid on a 1099 is wrong. I was told that it should be a W2 and not a 1099 just recently by a friend.

3) When going to get my visa extension i will be taking my TN Letter, diploma, experience letter etc but i was also told that a pay stub or a Valid pay check is also required.

4) If a valid pay check or stub is required would it be a problem that the paycheck is issued from Canada to the US? My paycheck is issued from a Canadian company and not the US company i work for ( reason being i am a consultant). If i take a pay stub to POE it does not show any contribution in taxes or social security as i am on a 1099 and have to pay taxes/ social at the end of the year.

5) I don't get paid for holidays , vacations etc but do get paid for extra hours if i put in ( is this ok or a no no)

6) My TN Letter is the same as the one i got in my first year the job description hasn't changed at all (can this be a problem) is it advisable to change description?


Excuse my ignorance this is something i should have looked into long time ago.Just want to know if i am doing something wrong if i am I'll try to correct otherwise try another visa or go back to Canada.

7) Also can their be a problem going for a 4th time for 3 years TN Management consultant extension? This gentleman from another board informed me of some issues i can have and it did seemed like he knew what he was talking about
 
Just to clarify 7, since MC is by definition a temporary supernumerary position, the issue of working for the same client for several years may be troublesome...
 
Sorry nelson its not 7 its 6 but i doubt 6 or 7 makes any difference. I can get the Consulting company that i get a paycheck to give me a TN if that's a good idea they are paying me and shouldn't have any problem in giving me one.

I thought all TNs are temporary wouldn't this apply to pretty much all TNs?
Thanks
 
No, I'm refering specifically to MC. an MC is is temporary and supernumerary by definition, so how can you stay at the same client for 7 years the argument will go.

The TN has to be from the US client
 
NelsonA what about an L1? I am not sure exactly what the requirement are but this company where i am working is located both in US and Canada i have worked in Canada for a few year as a consultant for this company.

The other thing i was thinking was to apply my TN extension through CIS? Would applying through CIS make any difference?
 
It could be 'better' with CIS. Border officers get very picky when the economy is bad.
 
Thank you Thank you Thank you Nelson it seems like you are right i have been searching the boards and googling and you are absolutely right it does make sense that MC are hired for a short period of time, i think the reason why i didn't even thought about this is because the Visa officer last year told me next time when you come in get a 3 year TN so you don't have to make trips again which actually this year means nothing.

I will be going to my recruitment company in Canada which has placed me in US at this client and ask them to issue me a TN. The recruitment company has presence in the US as well and might have less then 40 employees.
The recruitment company has a subsidiary in the US from what i know ( i hope this is ok)

I don't know if they have a office here or not i'll figure this out on Monday and will ask for your advice again.

Once again thanks if you wouldn't have informed me about this i could have been totally screwed.

Thanks
 
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I'm not saying that an MC extension is impossible, I'm just saying that you can here with a laundry list of really inconsequencial concerns, but were oblivious to the single one that might give you most trouble.
 
Nelson i agree and thanks for pointing this out. Anything is possible with CBPO it all depends.

My TN Letter does not have the word consultant i will try to add it in the letter and try to get another TN letter from the original client, problem is that the orignial client have a website and 300 employees in Canada and also talk about the presence they have in US but no US office they are working through Subsidiary so hopefully i might try to get a Visa from the subsidiary.

If a company does have employees in the US but the employees are lets say 20 and they are growing but no mention of a US office in US i guess this might be a problem if they look deep into it any advice on this?
 
You aren't going to get L1, so presence in US of you Cdn employer is meaningless.

It is your US sponsor/client, and your long-term relationship with them that wll be on the line.
 
Thank You for all your help and above all your patience. If i would have gone to a lawyer he would have charged me 100s of $ for half of this information and still would have done a poor job.

As you see i am one of those people who don't understand this process at all ( well i think i do ) i will contact a lawyer i went through a law firm in Canada which did a good job initially getting me a TN i think i might contact them if i tried things on my own i would just exacerbate the issue if i get a TN fine if not then its not meant to be.
I have done all their is in my power the last thing i want to do is write something that i am not suppose to if they don't like the fact that i have with the same company for long they can tell me to leave and i will at least i won't get a bar or something stupid like that.


Thanks once again for all your help
 
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