Got laid off- do I need to leave immediately?

cl26

New Member
#1
My office is closed and everyone got laid off due to the covid-19. I am on TN, do I need to leave immediately to go back to Canada?

Thanks
 
#3
In Covid19 apply for unemployment rt away. You will get your unemployment or Atleast Covid19 relief of $600 per week till July 31st.

You can't travel right now to Canada so your visa should be extended
 

newacct

Well-Known Member
#4
In Covid19 apply for unemployment rt away. You will get your unemployment or Atleast Covid19 relief of $600 per week till July 31st.

You can't travel right now to Canada so your visa should be extended
You can't get unemployment benefits unless you are "free to work", which includes being authorized to work for any employer, which someone on TN is not, as they are only authorized to work for a specific employer. They can get unemployment benefits transferred to their Canadian province, however.
 

nelsona

Registered Users (C)
#5
Nimc2002 info is absolutely incorrect. (A) you cannot collect EI from US while physically in US when laid-off of TN, and (B) he certainly IS free to return to Canada. No border will refuse his entry. (C) there is no provision to extend TN status if not working, other than by applying for B2 visitor or finding another job, regardless of any travel restriction.
 
#6
No, you can apply for unemployment if you are on TN visa also. This means you r laid off, your hours are reduced, but yes you have to have worked a few months in last quarter to receive unemployment benefits in that state where you paid taxes.
Or if you are unemployed in April 2020, you should have worked Sept 2019 to December 2019 to claim unemployment.
 

nelsona

Registered Users (C)
#7
To apply for UI, you MUST first go back to Canada and apply from there thru Service Canada coordiantion. You ARE indeed eligible for state UI, but NOT while physically in US.
Please, Nimc2002, you have made several errors in your posts. Stop.
 
#8
Hello Nelsona
If a Canadian is working in the US under TN and getting paid 1099 into an S Corp, would the owner of the company (a Canadian) be eligible for the Payment Protection Program for self-employed workers starting April 10? I’m not laid off but am being “benched” at the moment.

Also, if I’m not laid off but am being benched, do I need to leave the US 60 days after my last working day?

Thank you!

To apply for UI, you MUST first go back to Canada and apply from there thru Service Canada coordiantion. You ARE indeed eligible for state UI, but NOT while physically in US.
Please, Nimc2002, you have made several errors in your posts. Stop.
 

nelsona

Registered Users (C)
#9
Benching is laid-off. You are no longer fulfilling the terms of your TN. You would need to leave in 60 days unless rehired.
As to eligibility for any US federal benefiys that would depend if you are resident in US or not.
 
#10
Hi
For the last 6 years, I did 4 years of university under F1 and worked almost 2 years under TN, would I be considered a resident in the US? I believe I fit the criteria under the substantial presence test.

Thank you
 
#12
Yes, I haven’t filed taxes in Canada for the last 6 years. However, some friends have told me to file it since I have no income in Canada and to claim the GST credit. Is that allowed?
 

nelsona

Registered Users (C)
#13
No. You are not a CDn resident. Filing in Canada as a resident would require you report world income, and pay Cdn taxes on that income.
 
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