Work from US and outside US

Hello Mister

Hello Mister

Active Member
Hi everyone,

I am trying to validate my understanding of how TN would work in the following scenario.

A friend of mine has been working on TN status with a large company. He has a 3-yr TN set to expire in Feb next year (2018). Up until now, he was working out of the US, however, due to family reasons, he needs to split his time between US and another country (4 months a year in the US and rest of the 8 months outside US).

Questions:
  1. can he continue to stay on US payroll even if he is outside the US for 8 out of 12 months? My understanding is yes that is possible as long as he possesses a valid TN but will appreciate confirmation
  2. will there be any issues entering the US on TN if he were to (say) return to the US after 6-7 months? I believe there shouldn't be any problems as long as a valid TN/I-194 is there
Thank you.
 
1. He can remain on payroll with or without TN, if he is working outside the country. His TN only has any significance if he is in US. You are not required to be on any work status if not in US, and still be paid. it may raise tax problems in the other country, but not for US purposes.
2. No issues, he maintains a relationship with his sponso throughout, and can't violate TN while outside US, so he's fine. He may be issued a new I-94, but the basis is still the same TN.
 
If one works remotely (in Canada) for US firm technically a few days a year, will that pose a problem to Canada/CRA?

I travel back to Canada and internationally from time to time and use my laptop/phone to respond emails etc, sometimes during vacation.
 
No. one would have to be in Canada more than half the time to incur Cdn tax, not just a few days a year.
 
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