One-month TN to one-year TN?

[kesto]

This is a somewhat "simple" case, I think, but I need to confirm that I am approaching it in the right way. Here it is:

I may be moving to the U.S. for one month, taking a job at an hourly rate. I will be getting a one-month TN to do so.

After that month, the job may be extended to a full-time (salaried) position and then I would need to renew my TN so that it covers a one-year term. This is all for the same employer.

My question is: Does this mean I must use the I-129 renewal form (at a POE) to extend my TN status? Or, can I just get an entirely new TN for the 1-year stint? In other words, is the I-129 form something that one MUST use when continuing work at the same employer (even if you move from an hourly rate to a salaried rate)?

Thanks for the help.

 

[bigboy00]

This is a somewhat "simple" case, I think, but I need to confirm that I am approaching it in the right way. Here it is:

I may be moving to the U.S. for one month, taking a job at an hourly rate. I will be getting a one-month TN to do so.

After that month, the job may be extended to a full-time (salaried) position and then I would need to renew my TN so that it covers a one-year term. This is all for the same employer.

My question is: Does this mean I must use the I-129 renewal form (at a POE) to extend my TN status? Or, can I just get an entirely new TN for the 1-year stint? In other words, is the I-129 form something that one MUST use when continuing work at the same employer (even if you move from an hourly rate to a salaried rate)?

Thanks for the help.

The form I-129 must be used only when you are applying for a TN by mail. If applying for TN at the border, just walk in with the required documents and the proof of your cdn citizenship.

Why don't you get a TN letter for 1 year (if the chances of your extension are fairly high) from your employer? That will save you the hassle of getting another TN in case they hire you. The change in salary will not require a new TN as long as your employer and the job duties remain the same.

 

[kesto]

Thanks for the answer. Perhaps I will just go with your suggestion and ask for a 1-year TN letter. I just have to let my employer know that this puts them under no obligation to retain me for that time period; that is, that the job can last a month or anything else under one year.

To be clear: You are saying that the I-129 is only to be used by mail. I've seen some posts about people renewing their TN "at the border." I guess this just means that they are really getting a "new" TN for the same employer and don't need any forms (I-129, etc.) to do so other than the standard documents: passport, letter of employment and diploma?

A question about the change in salary (job title and duties will remain the same): Do I need to indicate that in any official capacity with regard to my TN status?

Thanks again.

 

[bigboy00]

To be clear: You are saying that the I-129 is only to be used by mail. I've seen some posts about people renewing their TN "at the border." I guess this just means that they are really getting a "new" TN for the same employer and don't need any forms (I-129, etc.) to do so other than the standard documents: passport, letter of employment and diploma?

-- Correct. (The letter of employment should be TN specific, I guess you know that already, but just wanted to make sure!)

A question about the change in salary (job title and duties will remain the same): Do I need to indicate that in any official capacity with regard to my TN status?

-- TN letter need not state it. Do not volunteer any information that is not asked.

 

[kesto]

-- Correct. (The letter of employment should be TN specific, I guess you know that already, but just wanted to make sure!)

Yes, I am aware of the TN specific letter, of which some templates found online will be extremely useful.

-- TN letter need not state it. Do not volunteer any information that is not asked.

Actually, I think you misunderstood me here. What I meant was that, AFTER the TN is approved, do I need to clarify the fact that my pay structure has changed (i.e., is different than what was stated in the original TN letter) in some official way (a month later or whatever it might be). I would guess it doesn't matter to Homeland Security, rather the IRS, etc.

In terms of border officials asking me questions in this regard (if they do), I don't suppose indicating that the salary structure might change would be an issue, would it?

If so, I would just get the one-month TN and after that get the one-year TN (with the only thing changed in the employment letter being the salary and the term).

 

[bigboy00]

Actually, I think you misunderstood me here. What I meant was that, AFTER the TN is approved, do I need to clarify the fact that my pay structure has changed (i.e., is different than what was stated in the original TN letter) in some official way (a month later or whatever it might be). I would guess it doesn't matter to Homeland Security, rather the IRS, etc.

-- You do not need to notify anybody/do anything if your pay structure is changed.

In terms of border officials asking me questions in this regard (if they do), I don't suppose indicating that the salary structure might change would be an issue, would it?

-- No issue at all. They will not ask this question. They would raise the issue if the pay is too low (or too high!).