status during bench time for a TN holder

M

matrix1

Registered Users (C)
Hi, all,

My girlfriend works for a consulting firm. Can she stay in the US legally between projects during bench time without any pay? Thanks.
 
She is still employed by her company. She just needs to wait to be assigned to the next project. But she is not paid during the waiting period.
Is her TN status valid during this time?

TheRealCanadian said:
Not working? Not being paid? Not maintaining valid TN status. No.
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is your girlfriend on the payroll of the consulting company while she is on the bench? that could be evidence that she is working.
 
Thank you, Mr. Zuccaro and others

Mr. Zuccaro,

If she change it to H-1B, Is what you said also true for H-1B?
 
Last edited by a moderator:
bzuccaro said:
Generally, an individual who has approved TN status may remain in the U.S. during the time period between consultation projects - provided he or she does not work for a different employer or work outside the scope of the duties outlined in the TN letter.
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That seems to be the opposite of everything I've heard from Grasmick, Eiss, et al. One is admitted to the US on the basis that you will be working and getting paid. Being benched for anything more than a very short period is neither.

H-1B status does not allow benching without pay.
 
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