Re-new TN Visa while waiting for consular interview without intention to move in to US

[David San 11]

Hi Everyone,
I am waiting to my consular interview for EB2 visa.
Is there any change to re-new my TN Visa and explain to officer that I will not move into US.

Need that visa to continue working remotely for my current company.

[Boiler 45,513]

Your employer requires you to have a US visa to pay/employ you?

 

Trying to get my head around your situation.

[SusieQQQ 11,586]

A visa is for entering the US. Why would you need a visa if you don’t plan to move to the US? Are you pretending to be physically located in the US while working outside remotely, or what?

Edited May 31, 2022 by SusieQQQ

[David San 11]

1 hour ago, Boiler said:

Your employer requires you to have a US visa to pay/employ you?

 

Trying to get my head around your situation.

Yes. They only accept W2. I used to work in New York but because of Covid they asked us to work remotely so I moved back to Canada and continue work them remotely. Now my TN visa is expiring and I am waiting for consular green card interview.

 

[David San 11]

59 minutes ago, SusieQQQ said:

A visa is for entering the US. Why would you need a visa if you don’t plan to move to the US? Are you pretending to be physically located in the US while working outside remotely, or what?

Visa needed to get SSN number to get paid in US tax system. I already got my SSN and need to be able to continue working for them. So need to re-new my TN.

[SusieQQQ 11,586]

1 hour ago, David San said:

Visa needed to get SSN number to get paid in US tax system. I already got my SSN and need to be able to continue working for them. So need to re-new my TN.

You just said you already have a SSN …so why do you need a visa to get a SSN??

a visa is pointless if you don’t need to enter the US.

Is there a law that says you need to reside in the US to get paid in a US bank account and pay US tax? If there is (I never heard of one), you don’t satisfy that by having a visa.  Having a visa does nothing except give you an opportunity to enter the US.

 

…go ahead and tell the consulate you want a visa but don’t want to enter the US. They’ll tell you exactly the same thing, no point in giving you a visa if you’re not going to use it.

 

Edited May 31, 2022 by SusieQQQ

[David San 11]

9 minutes ago, SusieQQQ said:

You just said you already have a SSN …so why do you need a visa to get a SSN??

a visa is pointless if you don’t need to enter the US.

Is there a law that says you need to reside in the US to get paid in a US bank account and pay US tax? If there is (I never heard of one), you don’t satisfy that by having a visa.  Having a visa does nothing except give you an opportunity to enter the US.

 

…go ahead and tell the consulate you want a visa but don’t want to enter the US. They’ll tell you exactly the same thing, no point in giving you a visa if you’re not going to use it.

 

SSN you are receiving with TN has expiry date . The date of expiry is the same as expiry date of your TN Visa.

 

[milimelo 4,479]

11 minutes ago, David San said:

SSN you are receiving with TN has expiry date . The date of expiry is the same as expiry date of your TN Visa.

 

Umm, SSN never expires - yours for life. In 2007 SSA started printing date under signature line on SS cards but that is NOT expiration date. You probably have a restricted card that has the legend saying good for work with DHS authorization only. 

[David San 11]

1 minute ago, milimelo said:

Umm, SSN never expires - yours for life. In 2007 SSA started printing date under signature line on SS cards but that is NOT expiration date. You probably have a restricted card that has the legend saying good for work with DHS authorization only. 

exactly correct

[Chancy 6,241]

Just now, David San said:

exactly correct

 

The annotation “Valid for Work Only With DHS Authorization” refers to the restriction for working while physically present in the US.  It does not restrict work for a US-based employer while the worker is residing outside the US.  As mentioned above, TN visa is unnecessary and irrelevant for those who have no intention of entering the US as a non-immigrant worker.

 

[David San 11]

2 minutes ago, Chancy said:

 

The annotation “Valid for Work Only With DHS Authorization” refers to the restriction for working while physically present in the US.  It does not restrict work for a US-based employer while the worker is residing outside the US.  As mentioned above, TN visa is unnecessary and irrelevant for those who have no intention of entering the US as a non-immigrant worker.

 

WOW, thanks...that's very helpful...from IRS the legality perspective, can I work remotely after my TN visa expiry and received W2 at end of year?

[Chancy 6,241]

1 minute ago, David San said:

from IRS the legality perspective, can I work remotely after my TN visa expiry and received W2 at end of year?

 

IRS does not care about US immigration status, as long as they get your tax money.  Whether you can work remotely or not depends on the policy of your company.

 

[SusieQQQ 11,586]

31 minutes ago, David San said:

exactly correct

And you don’t need it to be valid for work if you are not in the US

 

You didn’t answer this question properly before - is the US company under the mistaken impression that you are physically located in the US?

 

 

Edited May 31, 2022 by SusieQQQ

[David San 11]

6 minutes ago, SusieQQQ said:

And you don’t need it to be valid for work if you are not in the US

 

You didn’t answer this question properly before - is the US company under the mistaken impression that you are physically located in the US?

 

 

I was in US for 2 years then moved to Canada because of request by my company to work remotely.

The company knows I am not in US at the moment.

Are they going to be in trouble for any reason if they continue hiring me after my TN visa expire? So far, I didn't find any. IRS doesn't care, not sure what else can prevent them.

 

 

 

[Boiler 45,513]

So they have you down as an employee, are they taking care of all the deductions that Canada charges?