TN Renewal & Travelling to India

[trusam2001]

My husband's TN and our TD visa expires on August 6 2008 and we are planning to go to india in June/July and coming back on August 20/21, 2008. He will be paid by his employer during this period. We are planning to take all the papers including the visa renewal request letter with us to India so that we can renew our visas when we come back at the port of entry. Is this illegal? Do we have to renew the visa before leaving? Please help.

 

[bigboy00]

My husband's TN and our TD visa expires on August 6 2008 and we are planning to go to india in June/July and coming back on August 20/21, 2008. He will be paid by his employer during this period. We are planning to take all the papers including the visa renewal request letter with us to India so that we can renew our visas when we come back at the port of entry. Is this illegal? Do we have to renew the visa before leaving? Please help.

This is NOT illegal. You can get it at the POE upon your return. Make sure that you leave the US while your current TN is valid, to avoid any out of status presence.

 

[Byteless]

sure, but during the time August 6, 2008 till August 20, 2008 (the paid vacation) also paid in USA, won't it required to have valid TN during this time?

 

[bigboy00]

sure, but during the time August 6, 2008 till August 20, 2008 (the paid vacation) also paid in USA, won't it required to have valid TN during this time?

No. The valid work authorization is required to work while in the US. Any Indian can stay in India and work for a US company (from India) and get paid from that company without any american work authorization (like TN or H1).

 

[Byteless]

No. The valid work authorization is required to work while in the US. Any Indian can stay in India and work for a US company (from India) and get paid from that company without any american work authorization (like TN or H1).

OK, I am confused now.

I know that "The valid work authorization is required to work while in the US. Any Indian can stay in India and work for a US company (from India) and get paid IN INDIA AND NOT IN USA without any American work authorization (like TN or H1)".

Hope this clear my confusion....

 

[warlord]

Ok I did something similar to this years back. I was sent to India to train for 6 weeks while on my TN. There was no issue at all, however I was asked to stay longer, but because my TN was ending I didn't stay and came back for fears of being without a TN for part of the time.

I then got a new TN upon returning (still had a little bit of time left on my current TN). If I had stayed in India for the extension of the training, then my TN would have been expired. HR and I both thought this might cause issues as I would be working without a valid TN.

Now one thing we could have done was submitted the mail in TN, and I possibly could have continued to work (240 days) and then upon my return to the US just applied for a new one at the border.

I see what you're trying to ask, and really not sure the best response though. As usual with INS, it could all boil down to the agent you meet returning to the US if they grant you a new TN or not...

 

[bigboy00]

OK, I am confused now.

I know that "The valid work authorization is required to work while in the US. Any Indian can stay in India and work for a US company (from India) and get paid IN INDIA AND NOT IN USA without any American work authorization (like TN or H1)".

Hope this clear my confusion....

Okay, I see what u r asking. But still, you can have your account in the US and ask somebody to deposit the money in your american account. I do not see an issue here, since the work authorization is required to work while on the US soil.

 

[Byteless]

Okay, I see what u r asking. But still, you can have your account in the US and ask somebody to deposit the money in your american account. I do not see an issue here, since the work authorization is required to work while on the US soil.

Well ask somebody to deposit the money and having payroll to deposit money are two different things, there maybe work around for this. but I guess the way it suppose to be is you should have a valid work permit in order to have a payroll going on, no matter you are not present in USA but not having a valid TN and active payroll would be a problem on later stage.

That was the confusion that I was having, hopefully someone clear that up...

 

[bigboy00]

Well ask somebody to deposit the money and having payroll to deposit money are two different things, there maybe work around for this. but I guess the way it suppose to be is you should have a valid work permit in order to have a payroll going on, no matter you are not present in USA but not having a valid TN and active payroll would be a problem on later stage.

That was the confusion that I was having, hopefully someone clear that up...

I do not have a link or source to prove my opinion, but I stand by my comment unless somebody proves what you are saying is right.

There is NO requirement for you to have a US work permit for being on the payroll of a company so that they can deposit the money into your US account. As I have said, the permit is required ONLY to work while on the US soil.

 

[TheRealCanadian]

There is NO requirement for you to have a US work permit for being on the payroll of a company so that they can deposit the money into your US account. As I have said, the permit is required ONLY to work while on the US soil.

This is correct. USCIS doesn't care where, how (or if) you are paid. If you are engaging in employment while in the US, you need authorization. If you're not in the US, USCIS doesn't care (nor can they).

 

[warlord]

And this where it will boil down to US customs. Since I was flying back directly to the US rather then through Canada, they knew I was over seas because I still had time left on my TN and that's how I entered the country.

Without the TN they may or may not let you in the country. One question might be why were you working for a US company and then find out your were on a TN. INS at the borders all do things completely different then another INS person. So you never know what kind of situation you might run into.

I was just asked how long I was working over there and that was it. Without the TN it might be something like "Whats your purpose of your visit to the US, how long will you be here" etc. Just things that could happen...