TN Status and Visiting the US

[Inloveinmi 0]

Hi,

Question for you guys,

I have a valid TN status but am not currently working, job has been put on hold. I'm hoping to go visit my girlfriend, may turn into my fiancé, next week. I know this will turn into another problem. But now there is a possibility that I may get called back to work towards the end of next week, which is when I was planning to come back to Canada.

So question is what to do if this happens? When I cross the border I will be crossing for pleasure and not work. And am always honest with the officer at the border.

Any ideas on what to do in this situation?

TN status is good for another 2 years, can I stay in the US for all this time?

[canadian_wife 1,818]

Is there a way to contact your employer? If the job has been put on hold (which by the way how long has that been?) I wonder if they are obligated to contact USCIS?!?

NO, if you are not working for your company that you have the TN for, you cannot stay in the US. In fact, I am not even sure you can travel on a TN if there is currently no job for you to be there on.

good luck

[jaycali 415]

Your TN visa is tied to your job. So if you're visiting, you're not working and the TN becomes irrelevant.

[jan22 3,043]

Hi,

Question for you guys,

I have a valid TN status but am not currently working, job has been put on hold.

TN status is good for another 2 years, can I stay in the US for all this time?

Sorry, but you don't have valid TN status. The status ended when the job ended. You cannot remain in the US in TN status unless you are still employed in the job that qualified you for the TN. If the job gets reinstated, you will have to re-enter as a new TN.

[Dakine10 5,452]

Sorry, but you don't have valid TN status. The status ended when the job ended. You cannot remain in the US in TN status unless you are still employed in the job that qualified you for the TN. If the job gets reinstated, you will have to re-enter as a new TN.

Tn status is not currently valid, but OP won't need a new Tn if rehired or resuming work for the same company,same job and same wage within the period of the I-94's validity. He/She would be allowed to re-enter on the original multiple entry I-94.

The bigger problem though, is the time already spent in the USA out of status.

[jan22 3,043]

Tn status is not currently valid, but OP won't need a new Tn if rehired or resuming work for the same company,same job and same wage within the period of the I-94's validity. He/She would be allowed to re-enter on the original multiple entry I-94.

The bigger problem though, is the time already spent in the USA out of status.

And, once you stay in the US and fall out of status, your I-94 is no longer valid for re-entry. If issued for "Duration of Status" (D/S), it ends when the status ends and cannot be used for another entry He will need a new I-94, which is what I referred to when I said a new TN (since for Canadians, it isn't a visa, it's a status granted at the port of entry).

[Dakine10 5,452]

And, once you stay in the US and fall out of status, your I-94 is no longer valid for re-entry. If issued for "Duration of Status" (D/S), it ends when the status ends and cannot be used for another entry He will need a new I-94, which is what I referred to when I said a new TN (since for Canadians, it isn't a visa, it's a status granted at the port of entry).

As I said, the amount of time out of status is the determinant. The OP didn't actually specify, but he did say the job was on hold, not that the job ended. We need to know if the job actually started in the first place, and how long he has been in the US without working/getting paid.

If he has been out of status for a while, the issue will not be the Tn, but whether will be even be admitted at all. If it has been a couple of weeks and the job hasn't started or they won't let him work until the SSN card comes, he can go back to canada and reenter.

I'm not sure if something has changed in the last few years, but when I used the Tn they were always stamped or issued with the expiration date (which was 1 year then). If they are duration of status now, I guess that would make a difference.

[Inloveinmi 0]

Thanks Dakine,

The job was put on hold, it never ended. I still work for the US office for which the TN status was given, doing the same work. As of now and thanks to VJ I am not out of status when it comes to to visiting the US for pleasure. I do have a SSN number already and am hoping to start work next week.