TN Status dependencies. Pls advise

K

krishnameister

New Member
Hello seniors,

I am newbie here and your valuable suggestions are greatly appreciated and will helps me a lot to understand this process.

I am Canadian Citizen and I am working as a IT contractor in Toronto. I have below queries in my mind

1) if I show an offer letter from any US company( with out client letter and my brother have a company with few employees ), will I get TN starus? Reason for asking is I would like to have TN status handy before I apply for positions so that when I get selected it will be easy to go through background process n I can give 2 week notice to my current employer in Canada

2) Do I need to incorporate a company in US to work in C2C ? Can I have flexibility to work on W2 aswell? I am already having a federally incorporated company in Canada through which my current contract going in!

3) I read some where TN status will be issue for 3 years! In this period, if I dont work for any time and can I able to come back to canada and work for a company ? If so any issues with future TN status renewals?

4) I heard that Canadian citizen should pay difference amt of taxes & tax filing in Canada if having tie ups / entitle forany future benefits? As I have a home in Canada & I dont want to sell it.

Can you please advise so that I will have some fair idea into this. Please advise any other dependencies based on your experience.

Thanks in advance,
Krishna
 
1. You need a real job offer from an unrelated US business to get a TN.
2. No, you can work on 1099 basis.
3. You cannot get a TN without working. If yo uare not working your TN is invalid, and may be considered fraudulently obtained.
4. If you establish suffciwent ties in US, you do not have to sell your Cdn home to avoid Cdn taxes and be declared non-resident.

Sounds like you don't really have a TN job lined up. You cannoy get a TN and then get a job.
 
nelsona said:
1. You need a real job offer from an unrelated US business to get a TN.
2. No, you can work on 1099 basis.
3. You cannot get a TN without working. If yo uare not working your TN is invalid, and may be considered fraudulently obtained.
4. If you establish suffciwent ties in US, you do not have to sell your Cdn home to avoid Cdn taxes and be declared non-resident.

Sounds like you don't really have a TN job lined up. You cannoy get a TN and then get a job.
Click to expand...
Thanks Nelsona for your advise !
 
Hi Nelsona,

Thanks for your reply and I have few queries in my mind:

On TN status with an employer if the project with client get over in few months then technically I am out of job. In that case my self and my employer try to finds another client/ project, if it takes a month to find another client under the Same employer do I need to notify USCIS about duration I dont have job ? Any regulations that I need to keep notify USCIS when I am out of job?

On 1099 do I need to incorporate a company in US or my employer will give biweekly cheques to my name?

Once I get TN with job offer, approximately How many days it may take to get SSN

Kindly advise.

Thanks,
Kris
 
Once your sponsor no longer has ACTIVE work for you (ie. you are being "benched"), you are technically out of status and should leave US. The TN is not cancelled however (an H1b would have to be cancelled since neither of you are fulfilling the terms of the Labor Conditions Application, which doesn't apply to TN), since you still have a relationship, so you could return to US on that TN when work becomes available.

When paid thru 1099, you would be paid as an individual, no need to incorporate. The reasons to incorporate are more for liability issues.
It will take 2-3 weeks to get SSN, but that does not prevent you from working.
 
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