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

[David San 11]

32 minutes ago, Boiler said:

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

I am not their employee. I am consultant(contractor) based on W2. what deductions?

 

[Boiler 44,013]

I thought TN was foe

 employee’s 

[SalishSea 17,050]

2 hours 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.

 

Absolutely incorrect.

[SalishSea 17,050]

14 minutes ago, David San said:

I am not their employee. I am consultant(contractor) based on W2. what deductions?

 

Payroll deductions that pay for the federal and provincial benefits you get to enjoy in Canada- like health care, for example.   And whatever Canada’s social security/retirement system is. 

[David San 11]

5 minutes ago, Jorgedig said:

Absolutely incorrect.

that was my impression, thanks for friends here now I know more

[David San 11]

4 minutes ago, Jorgedig said:

Payroll deductions that pay for the federal and provincial benefits you get to enjoy in Canada- like health care, for example.   And whatever Canada’s social security/retirement system is. 

Got it, I thought you mean as Canadian working in US they have to deduct something to report to IRS or CRA.

They do have options for health care and other stuff, you can enroll or not enroll.

 

[belinda63 2,991]

You are not aware and possibly your employer is not aware of the tax implications of working for one country and living in another.

I work remotely but I was specifically told by the tax department I could not work outside the USA because of the tax issues. You and your employer need to be paying taxes to both the USA as a W2 employee is an employee of the company and whatever taxes are required by the Canadian and local government. I don't know how taxation works in Canada so I can't be specific but as of when you moved to Canada your HR team should have been advised of that so the appropriate taxes could be withheld and paid to both countries. 

You have to file taxes in both countries since you live in one and work for a company in another country

[Family 3,621]

TN visa does require an 

Employer / Employee relationship, that is why you were treated and paid w W.2. 
 

Due to the pandemic, companies did switch to “ remote”, but that meant you worked from the “ home “ ( in US) that you lived in from the START of the TN visa…

 

I will assume, YOU decided it would be more convenient  ( less expensive..if you did not have to pay rent in US) to leave the US and just keep working “ as if “ you were still in the US. 
 

Your employer ( or you), I will assume used a immigration attorney ( labor specialized ) to get the TN originally, did you check with him/her on impact of leaving the US ? 
 

You also stated that you are an independent contractor with W-2 , that is an impossibility. Someone is very confused . 
 

 A US company may indeed hire self-employed contractors from Canada .. and that means YOU would report your income to Canada. 
 

I hope you have a good session with the immigration attorney preparing your consulate appointment…
 

 

 

 

 

 

Qualifications for a TN visa

To qualify for TN visa status, you must have an offer of employment from a U.S. company to work in a profession that is listed on the NAFTA occupations list. Your employer in the United States must require someone in your professional capacity for the position.

[David San 11]

27 minutes ago, belinda63 said:

You are not aware and possibly your employer is not aware of the tax implications of working for one country and living in another.

I work remotely but I was specifically told by the tax department I could not work outside the USA because of the tax issues. You and your employer need to be paying taxes to both the USA as a W2 employee is an employee of the company and whatever taxes are required by the Canadian and local government. I don't know how taxation works in Canada so I can't be specific but as of when you moved to Canada your HR team should have been advised of that so the appropriate taxes could be withheld and paid to both countries. 

You have to file taxes in both countries since you live in one and work for a company in another country

Now I am confused. What do you suggest for this scenario? can I work for a US company without work permit/TN Visa(TN Visa will expired soon) at first place while living in Canada on W2?  From what I understood, the answer is yes, just more complication in term of reporting tax to both Canada and US.

 

[SusieQQQ 11,585]

3 hours ago, David San said:

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.

 

 

 

I know of no reason that a US company cannot have someone working remotely for them from another country. If they know you’re in Canada and they’re fine with it, I don’t see a problem.  

Again, I cannot see any reason you need to renew your TN. If you were physically located in the US, sure you’d need it.

[David San 11]

23 minutes ago, Family said:

TN visa does require an 

Employer / Employee relationship, that is why you were treated and paid w W.2. 
 

Due to the pandemic, companies did switch to “ remote”, but that meant you worked from the “ home “ ( in US) that you lived in from the START of the TN visa…

 

I will assume, YOU decided it would be more convenient  ( less expensive..if you did not have to pay rent in US) to leave the US and just keep working “ as if “ you were still in the US. 
 

Your employer ( or you), I will assume used a immigration attorney ( labor specialized ) to get the TN originally, did you check with him/her on impact of leaving the US ? 
 

You also stated that you are an independent contractor with W-2 , that is an impossibility. Someone is very confused . 
 

 A US company may indeed hire self-employed contractors from Canada .. and that means YOU would report your income to Canada. 
 

I hope you have a good session with the immigration attorney preparing your consulate appointment…
 

 

 

 

 

 

Qualifications for a TN visa

To qualify for TN visa status, you must have an offer of employment from a U.S. company to work in a profession that is listed on the NAFTA occupations list. Your employer in the United States must require someone in your professional capacity for the position.

thanks, I got the TN myself at border without attorney. I came to Canada because at the beginning New York was hit very bad by Covid and people were dying like crazy. So Canada was safer to live. In that time I was not aware of requirement to remain in US soil.

[SusieQQQ 11,585]

2 hours ago, David San said:

I am not their employee. I am consultant(contractor) based on W2. what deductions?

 

Confusing. When I worked as a contractor I was issued a 1099, not a W2. 

Isn’t being employed by a company a condition of a TN? (I am admittedly not hugely familiar with TNs but this was always my impression) edit: I see other posts have addressed this and it is a yes

Edited May 31, 2022 by SusieQQQ

[David San 11]

1 minute ago, SusieQQQ said:

Confusing. When I worked as a contractor I was issued a 1099, not a W2. 

Isn’t being employed by a company a condition of a TN? (I am admittedly not hugely familiar with TNs but this was always my impression)

Perhaps my definition of contract is different. Yes. officially I am employee. but when you have limit on TN visa (max 3 years) I don't call that employee relation because it's limited to 1,2,3 years. I call it contract.

To me employee mean you start the work without limitation.

1099 is another form of contract (corp-to-corp).

 

 

[David San 11]

4 hours 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.

 

I haven't spoke to my company yet, but if they required TN Visa but don't care where do I work remotely from. if I explain this to CBP and do not enter US, do you think CPB will provide the TN visa?

[SusieQQQ 11,585]

20 minutes ago, David San said:

I haven't spoke to my company yet, but if they required TN Visa but don't care where do I work remotely from. if I explain this to CBP and do not enter US, do you think CPB will provide the TN visa?

So this whole thread is because you think your company might require a visa despite you not working in the US… but they haven’t asked you for it?