TN Visa Approved...Still Not Working?

H

hmall

Registered Users (C)
Hello,

I received my TN Visa in November 2006 through a Recruitment Firm but couldn't work because I didn't have my SSN.

I received my SSN in December 2006 and the person who sponsored me from the Recruitment Firm was fired. He was the only one who knew about my situation.

Now that he's gone, there's someone else who took over his work, and I explained the situation to him. I explained to him about the TN Visa and everything.

Now, I've had my TN Visa since November 2006 and I'm still not working and I feel that the Recruitment Firm doesn't care and is avoiding me.

What can be done in this situation?

Thank you!!
 
I understand! It took me 6 months to have someone consider sponsoring me and even then it was hell but I got it.

However, can't they be held liable for this? I mean a TN Visa is issued because there's a position that needs to be filled. Because I didn't have my SSN the position is not available anymore.

I know if I try getting another TN I'll have to go through a lot again and I'll have to wait a long time.

What are my rights as a TN Visa holder?

Thanks!
 
hmall said:
However, can't they be held liable for this? I mean a TN Visa is issued because there's a position that needs to be filled. Because I didn't have my SSN the position is not available anymore.
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Unless you have an employment contract guaranteeing you employment or setting out terms for severance, then your employment is at-will and can be terminated by either party at any time. You may want to contact an employment attorney, but by and large I'd guess you have no recourse.
 
Thanks for your help! I guess the best thing to do is wait and see if they can find me a position.

Am I allowed to keep my SSN when my TN Visa expires if it's not renewed? My wife has a H1B so I could exchange it for a H4?

Thanks!
 
hmall said:
Thanks for your help! I guess the best thing to do is wait and see if they can find me a position.
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That depends. If you are not working then you are not in valid TN status.

Am I allowed to keep my SSN when my TN Visa expires if it's not renewed?
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Sure; it's yours for life.

My wife has a H1B so I could exchange it for a H4?
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I would strongly suggest you consider doing that if you cannot find employment very soon. I doubt if you will be able to change status within the US.
 
My TN Visa for that Recruitment Firm is valid until November 2007.

I'll be working as a Consultant for the Recruitment Firm. So, if they find me a position in a couple of months for example, then I can start working 'cause I have a TN stamped with their name on it?

As for the H4 I would have to go back to the border with my wife to get it?

Thanks a lot for your help!
 
hmall said:
My TN Visa for that Recruitment Firm is valid until November 2007.
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Yes, but the basis of that TN is that you're actually doing work for them. If you're not doing any work, USCIS could legitimately claim that you are out of status.

So, if they find me a position in a couple of months for example, then I can start working 'cause I have a TN stamped with their name on it?
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Yes. I'd be more worried about what happens in the several months before then.

As for the H4 I would have to go back to the border with my wife to get it?
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You'd have to go to the border and re-enter. Taking your wife is optional - you will need a copy of her I-94 and a copy of your marriage certificate.
 
Oh! That's something I overlooked.

Are you saying that even though my TN status will be expiring in November 2007 because I haven't started working the USCIS have the right to cancel my TN?

How can I tell if my TN will be still valid if I start working in a couple of months?
 
TheRealCanadian,
I always wondered where the fine line between "being employed without pay", and "not working, but still employed" and "volunteer work" meet.

I always thought that the requirement for a TN was to be "employed", but not to actually be performing any sort of so called "work", as long as thier yearly salary met the amount that was stated in the TN offer letter, otherwise employed contractors who are on unpaid bench time, would constantly be "out of status" between gigs.

The same goes for volunteer work. A volunteer cannot work without a work permit, even though they don't get paid at all.

hmall is in this twilight zone, that I am sure is quite common among IT professionals. I'm not convinced that he's out of status, since he is defacto "employed".

Any insight on this? Am I missing something?
 
curiousGeorge said:
I always wondered where the fine line between "being employed without pay", and "not working, but still employed" and "volunteer work" meet.
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Let's take the following example of a programmer:

If he goes to the office and writes code but doesn't get a paycheck, he is "employed without pay". If he goes to the office and his employer has nothing for him to do so he sits around playing Solitaire but keeps getting paid, then that is "not working, but still employed". If he goes home and helps on a web site for his BF2 clan, that's volunteer work.

USCIS has no problem with the last two, but they do have an issue with the first.

otherwise employed contractors who are on unpaid bench time, would constantly be "out of status" between gigs.
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If those contractors are on an H-1, then they certain are out of status because this got abused with such regularity. USCIS expects you to be performing the duties outlined in your letter at the rate of compensation provided. If that changes significantly, then I would seriously question the validity of that TN.

If there's a short, clearly defined period between work of a week or two then I don't think it would be the end of the world. If we have no prospect of employment or compensation and have gone several weeks without it (as in this case), then USCIS will simply declare the individual out of status if given the opportunity (like a COS petition). That's why they can (and do) ask for paystubs when extending or switching non-immigrant employment statuses.

The same goes for volunteer work. A volunteer cannot work without a work permit, even though they don't get paid at all.
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They certainly can volunteer, provided that it's a typical volunteer activity or position for which people do not get paid. Where USCIS gets annoyed is when people try and be cute and label a position "volunteer" just because there's no pay attached. It's more than just that.

I'm not convinced that he's out of status, since he is defacto "employed".
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He is neither performing the duties nor receiving the compensation outlined in his TN letter. On what basis would you consider him to be in status?
 
Oh! That's something I overlooked.

Are you saying that even though my TN status will be expiring in November 2007 because I haven't started working the USCIS have the right to cancel my TN?

How can I tell if my TN will be still valid if I start working in a couple of months?
 
hmall said:
Are you saying that even though my TN status will be expiring in November 2007 because I haven't started working the USCIS have the right to cancel my TN? How can I tell if my TN will be still valid if I start working in a couple of months?
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Your TN will remain valid unless USCIS or CBP discovers that your are not working or being paid. That's why I recommended that you switch to an H-4 at the border. Every interaction you have with USCIS or CBP (if you attempt to re-enter the US on that TN) gives them the potential to validate that you are in valid TN status, and declare you out of status and illegally present (USCIS) or deny you re-entry (CBP).
 
Thanks a lot for your help man!

Since my TN status is for a Recruitment Firm (Economist), can I take any job available given that I remain an employee for that Recruitment Firm even if the job has nothing to do with an Economist?

Also, would the USCIS notify me if they discover that I'm out of status? Let's suppose they discover that I'm not working yet and take away my status and at the same time I find work, can I work given that I didn't know about the USCIS takinh away the TN status?
 
This is starting to read like a bad comedy sketch.
Here's the straight goods:
1. You are out of status as you have not worked at the job for which your TN was granted.
2. You can't just take "any old job" now it has to be a TN or H1B position which you are qualified for through your education and experience.
3. I don't know why but I get the very weird feeling you aren't giving the whole story.
4. What are you doing for money? You haven't worked since you came to the US so how are you paying for your rent, food, etc?

Personally, if I were you, I'd have left the US the instant it was clear that there was no Economist position at the Recruting agency.
I think you need to cut your losses now and head back to Canada as far as I can tell by your story you're out of status.
 
I understand but this is indeed a very special/complicated situation. I was scammed by the recuiter who sponsored me which is he's fired now.

As far as money is concerned, my wife, is on a H1B Visa and she makes excellent money which is the reason why I'm still here. I would be long gone to Canada on my own man.
 
hmall said:
Since my TN status is for a Recruitment Firm (Economist), can I take any job available given that I remain an employee for that Recruitment Firm even if the job has nothing to do with an Economist?
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Absolutely not. You must be fulfilling the duties your TN letter outlined.
 
Tn - H4

Thanks TheRealCanadian!

Is there a way that I can change my status from TN to H4 while staying in the US or I have to go back at the border?

If I can, do you know how long it would take by mail and if there's any fees?

As I read earlier, if I go to the border, I have to present the marriage certificate & a copy of her I-94. A copy will be sufficent for them?

Thanks!
 
hmall said:
Is there a way that I can change my status from TN to H4 while staying in the US or I have to go back at the border?
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The problem with changing status inside the US is that USCIS can ask if you are maintaining TN status by asking for pay stubs. You can't prove that you are in valid status. I'd just go to the border, since the question likely won't come up, and even if it does that cannot be grounds for H-4 denial.

As I read earlier, if I go to the border, I have to present the marriage certificate & a copy of her I-94. A copy will be sufficent for them?
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They'll have to be satisfied with a copy of her I-94, since by law she needs to keep the original in her possession.
 
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