Extended leave of absence while under TN

D

deanc

New Member
Hello,

I'm a Canadian citizen who is working in the US under TN.
I have a situation where I need to stay in a 3rd country (not US or Canada) for 6 months. My plan is to work remotely while I'm away and continue to work for the same company after I come back. My current I-94 does not expire by the time I'm back.

Would my current TN allow this extended absence, or would I require a new visa to come back and work again in the US?

I appreciate your help. Thanks.
 
Will you continue to be employed by the US employer (essentially continue to stay an employee of the US based company) and paid in USD ?
 
You do not have to live in US to "maintain" a TN for occasional use. I say "maintain" since you are only in TN status while in US.
But as long as there is stil a viable relationship with the TN sponsor, there is no need to amend to reapply for TN when resuming that status.
 
I dont foresee you requiring any new TN authorization upon return assuming your status continues to stay valid for the duration of your absence (which as you indicated above will be the case)
 
Thank you for your prompt responses.
I have one follow-up question.

If the paychecks continue to be deposited in a US bank account while I work remotely from a 3rd country, would this pose a problem from the TN stand point of view?

Thanks.
 
TN allows you to be paid by a US source as long as you maintain the status (which is the case here). You are fine...
 
Not quite accurate. You reversed the logic.

It is the firm's willingness to continue paying him while abroad (or when he returns) that keeps the TN viable. It is not the TN's viability that allows them to keep paying him. He can be paid for services rendered outside US whether he still has a TN, never had a TN, or has a lapsed TN.
 
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