TN contrator question

M

mike8818

New Member
Heard of this site from one friend of mine, who got very helpful information here, and I hope I have the same good luck too.

I am a contractor on TN(good through 2016) sponsored by an agency. The project on client A site ended last month, and my current employer, which is the agency, is hunting for another project for me. Meanwhile, I am looking for jobs on my own. If the agency finds a new project and moves me to the client B site, I guess there won't be any problem. However, if I find a job myself, I probably need to go to POE.
My questions are:

a. Is it Okay for a contractor to be on a break( for example, one or two months) before he switches to a new project from an old one?

b. Will CBP office think I am already out-of-status or benched because I am not working and no income now? If they want to see my pay check, the last one is for early December.

c. If the answer to b. is positive, can I file I-129 to get a new TN instead?

Can anybody help me out?

Thanks
 
a. No, this is known as "benching" and is prohibited. You are out-of-status as soon as you stop working. You would not have to get a new TN if your agency comes through, but for now you are at risk.
b. yes, you will be out-of-status, but what can you do?
c. No, I-129 needs to be filed while in status. You need to go to the border, which is fine, since this will at the same time end your out-of status period and get you a new TN.

You only other choice now is to leave US and wait for a new job.
 
Thanks nelsona for the quick reply. I have some follow-up questions:

1) How does USCIS know I am out-of-status when they receive the I-129 filed by other employer? I still have the employment relationship with my current employer, and they will send me a formal termination letter if they decide to drop me. I haven't got this letter yet.
2) Can I file I-539 and change the status to B2 now or after I receive the termination letter?

Thanks again!
 
1. They can ask for proof of current status, including paystubs, and that would be weeks from now.
2. You are out-of-status, so cannot change status.

That is the big problem with benching.
 
Thank you nelsona. I think I will move back to Canada for good if the agency couldn't find me a project soon. Lesson learned, file 539 before I stop working as a contractor.
 
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