TN employment ends: To do

jixca

Member
I'm currently working for company A but due to client loss the position will end this week, my TN is valid until 05/2019.

Company A has acquired company B a year ago and I've been working with people at Company B's office on projects, and they have a need for my skills. Company B is a subsidiary (part of) under Company A group. My TN lists Company A as the employer, am I correct in that if I want to be employed by Company B I would need a new TN or can I still use the TN from Company A? The payroll and such would all change so I want to yield on the safe side as getting new TN can take time. Should I check with the legal at both companies to make sure (although A is laying me off so not sure how much help they will offer)

I am also looking at other firms and I'm currently going thru some interviews and closing soon. Am I correct in that within the 60 days of my last day there is nothing I need to do paperwork wise? I know I need to file I-539 TN to B2 by the 60 days mark from my last day, but if I get an offer next few week I will just fly back to Canada and back again to get new TN and start working immediately (as my job ends this week I won't need to give notice) and thus avoid sending the I-539 form for B2-pending and then canceling it again?

Thanks
 
Sounds right. You will need a new TN, and can get this anytime before beginning work. No need to change to B2 unless you do not get a job offer within 60 days, I would even say that if you were waiting for paperwork at the 60 day mark, simply wait until your border petition is ready and then fly up, without bothering with I-539. File I-539 if at day 55 or so, you have no prospects. a few days of overstay won't matter.
 
Sounds right. You will need a new TN
Thanks, can you clarify if this meant I need still a new TN to work for Company B that's held under Company A who originally petitioned my TN? My research online shows yes but hope otherwise.

Additionally, I have an upcoming weekend trip to Canada and back next week, is it possible to negotiating with Company A to extend my last day to one day after I return to US so that I can still legally enter on TN instead of B2, then start the 60 day count? The period can be paid by serverance anyway so I just want to make sure it's ok.
 
Also for short term project needs for Company B if they really want to hire me for the next 2 months, can I propose to them that I work remotely (in Canada or 3rd country) while they pay me in my US account? Do I need to be set up as a coporation or is it possible to still just work as personal contractor for the time being?
 
A is no longer sponsoring you, so you need a new TN.
I'm not sosure that "faking" days of non-work would be wise. Either they keep you on past that weekend or don't go. CBP would not likely let you in on B2 because of your not having residence elsewhere,
As to what you do outside US, that has nothing to do with TN, but be sure that you can work legally in that other 3rd country). You might be creating residential ties in Canada by living there for many months. You don't need a corporation, but you would be self-employed.
 
Thanks.

Actually just got an offer from another company and ended current company at the same time, so this saves me from even giving notice and timeline wise it'll all work out without even filing for B2 change.

I'll go to the border and prep for the application. For the diploma, if the original diploma is slightly bent and dirty on one corner, would it pose an issue?
 
Thanks. I'm currently sourcing supporting documents to bring other than diploma, transcript and TN letter for the CSA position.

I'll have job offer letter with me, and job posting description, and resume just in case. Would I need anything else? Do I need reference letter from former employer describing my prior job date and duties?
 
If your "diploma" is a bachelor's degree, no. You got TN before, you bring the same things.
 
Thanks for confirming. My first TN was thru i-129 so I didn't prepare it myself and now I'm preparing and assuring my new employer to go the border route.
 
I did, with I-129 and prepared by attorney. But as you discussed previously many of the documents were unnecessary such as education evaluation and prior employer letter. I have a Engineering Bachelors degree from Canada, and that alone should be enough to fulfill CSA role (of course, I will support with transcript showing courses related to CSA)
 
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