I got my TN-2 Visa on the US consulate, the employer letter stated clearly I would be a contract worker for 6 to 1 year for their company. The TN-2 Visa was approved and the I-94 issued as well. (Just for reference, at the Visa petition interview the consular officer was mentioning me that TD was for the employee and TN was for the dependants because I was on a TD and asking to change to TN, I couldn't find the way to point out that it was the other way around until other officer heard that and corrected him, after that I notice shame on his face and he bearly read the employer letter and approved the visa). My employer wants to pay on a 1099 basis. That I just found out that it can be interpreted as self employed which is not allowed for TNs. I haven't been paid yet. Before I receive or charge for my few hours worked, I need to know if I can be paid on a 1099. I'm searching for this matter because if I get paid and it's not right it would be an illegal action and I would jeapardize my prescence in the US or future entrances into the US. On the other hand when I was in the Consulate asking for a new TN, they ask me for my previous W-2 forms of the jobs I have had under previous TNs, which I had and handed out.
All this I have written is due to I came up with a doubt that when in futur I go to the US consulate to renew a TN or ask for a TN of another employer and they ask for the W2s I would hand them out and should hand out the 1099 (if the case) as well because it would be the income I could have received by my current company which was approved on the TN. I would think that they can reject it because that is for a self-employed and then was working illegaly under a TN and receiving 1099 even that the TN and 1099 were under the same employer.
If that's the case my plan is to stop working for this company immediately, not receiving any paid (I'm accepting that fact) and get back to the Consulate and change my status to TD (my wife is currently in a TN for another company and W2 paid) before I incurr in something illegal.
Some say that you can be paid on a 1099 from the company the TN was issued for, because you are like an employee without benefits. Some say that you can't due to 1099 is considered self-employed. This is a loophole in the law that I think it can be interpreted two ways.
I have commented this to the company and so far they wouldn't change me from 1099 to W2 because of what implies for them, etc, etc.
I would someone could help me with their comments.
Thanks,
FF
All this I have written is due to I came up with a doubt that when in futur I go to the US consulate to renew a TN or ask for a TN of another employer and they ask for the W2s I would hand them out and should hand out the 1099 (if the case) as well because it would be the income I could have received by my current company which was approved on the TN. I would think that they can reject it because that is for a self-employed and then was working illegaly under a TN and receiving 1099 even that the TN and 1099 were under the same employer.
If that's the case my plan is to stop working for this company immediately, not receiving any paid (I'm accepting that fact) and get back to the Consulate and change my status to TD (my wife is currently in a TN for another company and W2 paid) before I incurr in something illegal.
Some say that you can be paid on a 1099 from the company the TN was issued for, because you are like an employee without benefits. Some say that you can't due to 1099 is considered self-employed. This is a loophole in the law that I think it can be interpreted two ways.
I have commented this to the company and so far they wouldn't change me from 1099 to W2 because of what implies for them, etc, etc.
I would someone could help me with their comments.
Thanks,
FF
