TN Visa expiration while in long-term business trip

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bgtz

New Member
Hi all,
Can you please help me with some advice?

I'm a mexican national currently employed at a company in the U.S. under TN status. I'm planning to make a new application this December when I return to Mexico for the holidays.

Sometime next year, my company is planning to send me on a long-term business trip to Japan (for around a year), during which time I'll remain under the U.S. branch payroll and all. So it just came to my mind that during my stay in Japan, my TN visa might expire, which takes me to the following questions:

1. Is there any way I can apply for a new TN visa while in Japan?
2. If not, would be it be legal to keep receiving paychecks from my employer in the U.S. under an expired TN status?

Thank you in advance for any help!
 
1. Of course. Your firm applies for TN, not you. You can be anywhere when filing TN.
2,. TN only applies while physically in US. If you are in another country, the immigration and labour rules of that country apply, not US.
 
Hi Nelsona,

Thank you very much for your insight. Sorry, if you don't mind, I have a few more questions.

For point no. 1 regarding the TN visa application, usually I receive the offer letter and other paperwork from my company, then I do the whole visa application process (go to a US consulate in Mexico, take an interview, get a visa stamp). I would like to know if I can do this process in a U.S. consulate in Japan before my TN expires.

As for point no. 2, it is true that I won't physically be in the US. However, I would still be employed by a U.S. company during my time in Japan and receiving paychecks from them. My concern is that if my TN visa expires during my stay in Japan, then my employment with the US company needs to be terminated. Is my understanding correct? Or is it possible for the US company to continue my employment and paychecks without a TN if I'm physically out of the U.S.?

And lastly, what would you recommend to do in my situation?

Your help is very much appreciated!
 
I'm a bit confused since you plan to get a new TN in December anyways--if that TN is valid for 3 years won't it cover you beyond your proposed stay in Japan anyways?

If your stay in Japan is longer than expected and does take you beyond the TN expiration date then yes you could probably apply for a new TN visa at a consulate in Japan. It will probably depend partly on the policy of the consulate and also how long term your status in Japan is--often consulates don't want to work with 3rd country nationals on short term visas, preferring they return to their original country and apply there. If you have a multiyear Japanese working visa they'll probably work with you. There is also the fact that the US consulate in Japan may be unfamiliar with the TN as I doubt they see very many TN applications which presumably are mostly applied for at consulates in Mexico. But it is definitely worth a try to save you a trip back to Mexico.

Nelsona is correct: if you are physically outside the US, whether your TN has expired or not has ZERO bearing on whether you can stay on a US payroll. Of course there could be other considerations that limit how long you can stay on the payroll such as US and Japanese tax law plus Japanese immigration law--none of which I know much about. But nelsona is absolutely correct that whether you have a US visa is not a consideration. You need a US working visa to work in the US and a Japanese working visa to work in Japan. You will be working in Japan not the US.
 
Thank you so much for your help.

The thing with the TN for Mexican nationals, is that the visa stamp (not the i-94) is only issued in 1 year increments, opposite to Canadian citizens who can get it for 3 years. That means, if I get a new TN visa stamp this December, the stamp will expire by next December. I plan to leave to Japan around next January and stay there for about a year, so when I return to the US in January 2017, my stamp will have expired and I won't be able to enter the country. In that case, I guess I need to make a stop in Mexico first, renew TN, then head to the US again.

About my other concern, I think you've made it clear now. I can still be in the US company payroll while I'm working abroad even with an expired TN Visa. In that case I think I have two possible startegies:

Strategy 1:

1. Renew TN Visa on December 2015
2. Go to Japan on January 2016
3. Renew TN Visa in Japan around November 2016 (if possible)
4. Return to the US on January 2017

Strategy 2:

1. Renew TN visa on December 2015
2. Go to Japan on January 2016
3. TN Visa expires on December 2016, but because I'm not physically located in the US, my company can keep me in their payroll with no issues.
4. Go to Mexico on January 2017 and renew TN visa
5. Return to the US

Will these options work?

As for taxes, that's a whole other topic and I think my company would be providing support to make my taxes both in the US and in Japan.

Thank you for the help!
 
I think either option should work. I didn't know that the visa stamp was issued only in 1 year increments; however it is the I-94 (not the visa stamp) that establishes authorization to work in the US. So if the I-94 is good for 3 years, there should be even fewer concerns on your employer's side--even though as nelsona and I have noted the I-94 isn't really needed for the period of time you'll be in Japan.
 
Thank you for your reply.

Regarding the i-94, even if it is stamped for 3 years at the time of entry, wouldn't this i-94 become void once I leave the US to move to Japan? Can my employer still use it to keep me in their payroll?

Thank you
 
bgtz said:
Regarding the i-94, even if it is stamped for 3 years at the time of entry, wouldn't this i-94 become void once I leave the US to move to Japan? Can my employer still use it to keep me in their payroll?
Click to expand...

You don't need the I-94 to stay on the payroll once you leave the US. That was my answer several posts ago and my answer hasn't changed.

The only thing new I'm saying now is that even if your employer (erroneously) thinks the I-94 is still relevant after you leave for Japan, you will have a 3 year I-94 on file with the employer so hopefully they (employer) won't give you a hard time. It only becomes relevant if your employer isn't fully knowledgeable about these matters. If your employer fully knows the rules, they will understand the I-94 doesn't matter at all when you are in Japan.
 
Your I-94 is not void if you leave US no matter how long, as long as you still are in a work relationship with your sponsor, which you obviously will be,'
Your only concern is having TN consular visa valid each time you return to US, which can and will be done at Consulate in Japan. I don't see this as a knowledge issue, since they will not be adjudicating TN, only issuing

Your valid TN I94 will also allow any TD dependents to continue living in US even if you are in Japan, with valid TD I-94s.
 
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Thanks to both of you for clarifying and answering all my questions. Now I feel much more at ease and can plan accordingly. Cheers.
 
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