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David San

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

By David San in Work Visas

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David San Contributor

David San   11

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4 minutes ago, SusieQQQ said:

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?

 

 

No...now I understood I won't have issue with IRS and validity of SSN(thanks to this thread). I thought I need to re-new it for sure. I guess the remaining question is if my company insist would I have any chance at border with CBP or I need to give up my relation until I receive the green card.

 

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belinda63
belinda63

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 departme

milimelo
milimelo

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 say

David San
David San

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 Grand Master

SusieQQQ   11,587

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1 hour ago, David San said:

No...now I understood I won't have issue with IRS and validity of SSN(thanks to this thread). I thought I need to re-new it for sure. I guess the remaining question is if my company insist would I have any chance at border with CBP or I need to give up my relation until I receive the green card.

 

WHY would they insist you need a visa if they know you are working in Canada? 

David San Contributor

David San   11

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40 minutes ago, SusieQQQ said:

WHY would they insist you need a visa if they know you are working in Canada? 

I don't know. They warn me when I choose consulate approach that I will not be able to work for them after my visa expire. In that time I was not aware of consulate backlog and the time it takes for interview.

SusieQQQ Grand Master

SusieQQQ   11,587

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4 minutes ago, David San said:

I don't know. They warn me when I choose consulate approach that I will not be able to work for them after my visa expire. In that time I was not aware of consulate backlog and the time it takes for interview.

And were you already working remotely in Canada at the time at they time they gave you this warning?

Edited by SusieQQQ
TBoneTX Grand Master

TBoneTX   45,663

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It is against the site's Terms of Service to tell another member not to post.  The OP is advised to adjust his posting behavior or risk certain administrative action.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

David San Contributor

David San   11

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6 hours ago, SusieQQQ said:

The answer is that you don’t need a visa if you are not entering the US. Sorry you don’t like it, doesn’t make it BS. 
 

PS read the terms of service of the site.

my apologies, the reason I was upset was that you asked all those questions and your answer at the end was: "Maybe they need a new immigration lawyer 🤷‍♀️". That was not helpful

 

 

Family Mentor

Family   4,068

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7 hours ago, SusieQQQ said:

The answer is that you don’t need a visa if you are not entering the US. Sorry you don’t like it, doesn’t make it BS. 
 

PS read the terms of service of the site.

@SusieQQQ is trying to point you in the right direction “ get legal help “  as you seem to have misunderstood a few things posted and asked of you. 
First, your SS number may remain “ yours “ as assigned for IRS purposes BUT for working for your US employer is of no value once the “ authorized “ period of employment expires. 
 

TN seems to be a “ status “ you are accorded at entry in the US , not a visa and TN employees are required to update/ report  any change of address with USCIS, within 10 days. Even leaving the US ( for example a short vacation) ) while in TN status and working in the US , you would be scrutinized at reentry and required to carry evidence of employment and short nature of departure. Did you? 
 

There are many changes as a result of the global pandemic and your employer ( and their legal team ) is better informed on what they were/ are allowed to do , all we can do is ask you questions. They have prepared an E-B 2 based on your outstanding qualifications, and as long as that job offer/ position stays on the table , it should be first priority…

 

The only way to know IF your TN will be extended is to go through asking for it again…because all you can do is try…and hopefully leaving the US during the pandemic will not be considered a negative for the  E-B2. 
 

Good luck! Do come back and keep posting how the TN works out so that your experience can help someone else facing the same.

 


 


 


 

 


 

David San Contributor

David San   11

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1 hour ago, Family said:

@SusieQQQ is trying to point you in the right direction “ get legal help “  as you seem to have misunderstood a few things posted and asked of you. 
First, your SS number may remain “ yours “ as assigned for IRS purposes BUT for working for your US employer is of no value once the “ authorized “ period of employment expires. 
 

TN seems to be a “ status “ you are accorded at entry in the US , not a visa and TN employees are required to update/ report  any change of address with USCIS, within 10 days. Even leaving the US ( for example a short vacation) ) while in TN status and working in the US , you would be scrutinized at reentry and required to carry evidence of employment and short nature of departure. Did you? 
 

There are many changes as a result of the global pandemic and your employer ( and their legal team ) is better informed on what they were/ are allowed to do , all we can do is ask you questions. They have prepared an E-B 2 based on your outstanding qualifications, and as long as that job offer/ position stays on the table , it should be first priority…

 

The only way to know IF your TN will be extended is to go through asking for it again…because all you can do is try…and hopefully leaving the US during the pandemic will not be considered a negative for the  E-B2. 
 

Good luck! Do come back and keep posting how the TN works out so that your experience can help someone else facing the same.

 


 


 


 

 


 

I was not aware of all those requirements. I guess I have better understanding of situation.

 

 
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