Can the offer letter be issued 2 weeks before going to the border

honeybadger511

honeybadger511

New Member
Hi Folks,

I am right now on a 3 year TN with Company A.

Now I got another offer with Company B with a joining date of Oct 1st and I intend to go to the us border Sept 27th.

The HR is dating the issuance of the offer letter as Sept 20th, with the start date as Oct 1st 2021 and end date as Oct 4th 2024.

Is that ok ? or Will the US CBP ask why the offer letter is 2 weeks old.

Appreciate your help,

Thanks.
 
The start date and issue date are really unimportant. The DURATION is the key, and your sponsor has made an error by asking for more than 3 years! The letter should forget about joining date. etc, and simply date the letter the day they write it, and request a TN for you "for a duration of three years". I hope they are giving you a TN letter, and not asking you to go to the border with their standard offer letter, as that rarely works.
 
Thank you Nelsona. Appreciate your quick reply.

Sorry friend another quick question I am worried about -:

My wife is on TN as a RN and she is a contractor working for Company A with TN valid till 01/2023. She is right now on unpaid leave since 3 weeks so no payroll is run and no SSN/Medicare taxes are being paid since there is no paycheck.

Question 1) Her employer has said she can go on unpaid leave as long as she wants and she wont be paid anything and no taxes are being paid. So she is still on unpaid vacation since 3 weeks and counting. Can we do this while being on TN ?

Question 2) When the border officer asks when was the last day you have worked , Does that mean , last paycheck processed or last day on the job before she is fired/layoff/terminated ?

She is planning to resign once she gets her new TN, if she does not get a job within 60 days then I am planning to apply for TD on the 50th day.

Appreciate your reply,

Thanks,
M
 
1. Technically, no. Since TN requires you to be in a working relationship with the sponsor. Is this leave by her choice or her sponsor? How long will this last?

2. The last day worked. That is what qualifies you as TN.
 
Thank you for your reply Nelson.

1. This leave is by her choice but her manager has approved her leave for a month. Her manager wants her to go on FMLA but then if she resigns she needs to pay that amount back so she said No to that. She has started looking for another job and waiting for the offer letter, so max in the next 10 days she will go to the border for a new TN.

2. Got it...So basically this means the last day she was on the facility and the last day her paycheck was processed.

3. What does she say the CBP officer, when he asks are you still working ?
I am on vacation or I have still not resigned or can she say I am still employed which technically she is ?

3. In a worse case scenario say if already 30 days has elapsed since her last working day, and she does not get a new job, as per the new law I still do have another 30 days before I can apply for a change of status to TD, Is this correct ?

Or Is she already legally in trouble with her TN status ?
 
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If she is on approved leave initiated by her, then this is allowable. It's like vacation, or sick leave.

As to FMLA , she would never have to pay it back, if it is genuine medical leave, so the threat is false, regardless of when she quits.

She is still in an employee relationship with her sponsor, ignore all your other concerns.
However, why is she going to the border, if you are the one getting TN?
 
Thank you for your reply Nelson. You allayed my worries and tensions.

Actually I am accompanying my wife for her new TN.

Have a good day Nelson. Thank you for your expert advise.
 
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