TN trough payroll company

M

mxtn

Registered Users (C)
Hello

I'm mexican and currently working as Software Engineer with a TN visa for a Telecommunications company.

I've just received a job offer from other company and they're going to submit a I129 requesting the addition of a second employer to be able to switch jobs without time problems.

The issue here is that I would't be directly employed by the new company. I'd be employed by a payroll company (not IT outsourcing company) and I'd receive a W2 from them.

Payroll company would only pay, but I'd be direct employed by them.
New company would be the de-facto employer.

The question here is: which company should be added as the second employer (and write the sponsor letter)? The payroll company, even it is not an IT related company and my NAFTA category may not fit well with them, or the primary company, as the work would be done for them?

Thanks
 
I'm not very sure about the nature of their relation. As I understand, the payroll company only provides this service and I'd be a contractor for the main company trough them.

This is what the payroll company says about themselves: "provides clients with a vendor neutral solution for retaining top talent through W-2 Payrolling, Independent Contractor (1099) PassThru and Billing Consolidation solutions."

Thanks
 
Thanks nelsona

Even I'd be officially hired by the payroll company?

In this case I'd be hired by Payroll company but actually working and sponsored by main company, right?

Thanks again
 
Thanks, two more questions:

1. Is there any problem for the company that officialy hires me (payroll co.) of having an I-9 with the copy of my I94 with the name of a different company on it (main co.)?

2. For some reason the main company is not hiring me officialy, but as a contractor through the other company. The existence of this letter may represent a risk for them because of the explicit recognition of the employer-employee relation. What can I do if the main company refuses to issue the letter? Any advice if the payroll company has to support me in case of this scenario?

Thanks
 
Why is the firm reluctant to hire you?

Talk to the payroll fimr about how they hire foreign workers, andf then see a lawyer.
It might be that the hiring firm wants to 'hide' the fact they hire foreign workers, for political reasons.
 
Hi,
Even I work in similar situation for one of the Big 5 financial firms.
The financial firm for what ever legal or other issues donot hire people directly on contracts.
In my case the financial firm has an agreement with a primary vendor and all the contracts are written between the financial firm and the primary vendor.
Its the primary vendors duty to supply work force whenever there is a need for the financial firm. So, the primary vendor hires employees for the length of the contract. No where the financial firm's details are put in for legal representation in the offer letter.
The very first time when I went for my TN, the TN officer, did not understand what I was going to do. So, I had to explain him in detail. He asked me to put everything in writing in the offer letter, and come back, which I did and was issued the visa.
I don't know if yours is similar case.
If I were you, I would ask your payroll employer to mention, how your payroll company is related to your defacto employer. Ask them to mention everything in detail and make sure there is nothing being hidden from you like Nelsona mentioned.
 
Thanks Canad

I think my case is exactly the same as yours. Company not hiring directly and having an agreement with the payroll company to get workforce through them.

So, in this case, should the sponsor letter be issued by the payroll company taking care of writing all details regarding the relation with my defacto employer, or issued by the defacto employer, mentioning their relation with the payroll company?

Sorry, but that part isn´t clear to me in your previous post.

Thanks again
 
Hi mxtn,
Is the defacto employer willing to write you a letter ?
I would assume that all those details would be in the offer letter and who ever writes you a offer letter will have to mention them.
And one more thing, I am not a lawyer and I just wrote only the stuff happened to me in my previous post about m fisrt TN. Things can be different for you. So, don't take my case as standard. Get legal advise if possible, about your situation.
 
This all seems to be driven by the reluctance of your REAL employer to give you a letter.

Insist on the letter, even writing it yourself if you wis hand presenting it to them.

This is not a difficult situation.
 
This part has been solved between the payroll company and the defacto employer.

Now, the company wants me to go the border instead of applying by mail.

If I go to the border, lets say Tijuana/San Diego, can I just ask for a second TN at the POE or is it indispensable to go to US Consulate first, get the stamp, and then cross back to the US?

What TN stamp should I show to the official?

If I cross with the old, what happens when I start working for the new employer?

If I cross with the new, what happens if I still need to work for the old employer for 15 days?

Thanks
 
Not sure if you need consular stamp: you have a valid one now.

When you have multiple TNs, you are simply entering on TN. period. You must have a I-94 for each employer/client, but it is not necessary to 'enter' on the one you will be working for each time you change clients.
 
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