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  1. nelsona

    Social Security Deduction at Paycheck

    Incorrect. FICA is exempted for certain statuses: F-1,J-1,M-1, or Q-1/Q-2. Not TN, not H1. A quick google search would have yielded this information before posting that you "read it somewhere"
  2. nelsona

    Canadian Citizen, Laid off on H1

    Well, indeed you don't need someone to port your I-140 immediately, so focus on getting a job. You can file an I-539 for B2 when the grace period is nearing its end. When you file an I-129 for the new job (probably better/quicker to go to the border) you do answer yes to that question. TNs are...
  3. nelsona

    Canadian Citizen, Laid off on H1

    Just be aware that a sponsor being unwilling to sponsor your H1-B, may indicate an unwillingness to port your I-140, which is what you really need.
  4. nelsona

    Canadian Citizen, Laid off on H1

    Your new sponsor would have to pick up your I-140, thus the job would still need to be similar, so H1-B may be "better" (since your H4 spouse would still have EAD, and absolutely no immigrant intent issues). I merely mention possibility of TN, because it is slightly easier to get quickly and...
  5. nelsona

    Canadian Citizen, Laid off on H1

    Have you filed I-485 yet. If you have, your status would remain I-485 pending, no need to change. If you have not filed I-485, you may be eligible for a TN. Thaat new sponsor may be willing to hop on to your I-140 and continue your GC sponsorship. Since this is a TN forum, not a Canadian...
  6. nelsona

    Renewing employee's TN

    So, like i said. they need to physically go to a local office for re-inspection. Now, illegal.
  7. nelsona

    Applying GC from TN Status

    Of course. Whomever would be advising them would be crazy not to suggest EAD/AP. otherwise stuck in US for years.
  8. nelsona

    Renewing employee's TN

    So those letters are what are to be sent. You are doling out information in drips and drabs They would need to go to a local office to fix their status -- and soon. They are right now working for you illegally, since their last entry. They are supposed to mention that they are on a work status...
  9. nelsona

    Applying GC from TN Status

    ...and she will get an EAD, which will allow her to work.
  10. nelsona

    Renewing employee's TN

    Ah, yes, MC requires experience, but that is usually demonstrated with letters from former clients, co-workers, etc. Anyone can create a resume.
  11. nelsona

    Lost Job: I-485 was pending more than 180 Days

    There are other forums on the internet. To ensure that your I-485 is approved, you need to find another similar job. Look for "AOS portability", or more precisely, "I-140 portability".
  12. nelsona

    Applying GC from TN Status

    1. No. She only needs to be in US, when she file I-485. Until she files I-485, she can continue to travel back and forth. 2. She doesn't get B1/B2, that is for non-Cdns. She will be granted TD when she crosses, with proof of relationship. Once she is in US for good, there is no point filing for...
  13. nelsona

    Renewing employee's TN

    There is no requirement to show that you "need' the employee -- you are hiring him after all. There is no need for applicant's resume. Since you are doing this by mail, you will need to send copy of applicants educational qualifications. The employee has already obtained a TN. How about simply...
  14. nelsona

    Lost Job: I-485 was pending more than 180 Days

    Again, this is an i-485 issue.
  15. nelsona

    Renewing employee's TN

    TN is not an immigrant petition so there is no need to do any posting or search whatsoever. That is only for Green card process. Since TNs are allowed to live in US, there is never a need to show toes to any foreign country, be it at the border or when submitting an I-129
  16. nelsona

    TN Renewal Approach

    This is not the case. In any event, before your current I-94 expires you simply enter on that. If you cross after current is expired (assuming you don't have the approval in hand) you simply ask CBP to check its status (but it would be good on that visit to have backup paperwork to make a border...
  17. nelsona

    TN Renewal Approach

    Travel is NOT restricted when your sponsor files an I-129 for TN extension. You can certainly ask your employer to let you petition at the border, but it is up to them.
  18. nelsona

    Applying GC from TN Status

    The I-485 for your spouse does NOT have to be field at the same time, although their may be advantages to do so. Remember that not only does she have to be in US for a period before filing, she also has to be in US for a few months AFTER filing, so she really should only file when she moves...
  19. nelsona

    TN - PWD/PERM

    Find another sponsor who will pay you what you deserve. If they are balking at salary, the will likely not follow through on other aspects of the GC process.
  20. nelsona

    TN Visa, Difference between "Job Title" and "Position Offered"

    Your letter should request a TN in one of the categories listed. Then the offered position (whatever your sponsor wishes to call it) should include a description of your job duties. These duties should line up with the general definition of the TN category definition, as listed in the Dept of...
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