Common TN Visa Mistakes to Avoid

[agnelson]

Indeed. The reporting mechanism on H1-B is the LCA that is filed at the begining of the process. It commits the employer to keep paying the worker the specificed wage until the LCA expires on until they notify the Govt that they have terminated the employee.

So employer's advise CIS for their own benefit, noy out of an altruistic motive to keep America free of illegals.

A TN employer who notofies CIS is likely doing so vindictively.

[paperesolution]

I've posted this as it's own topic so sorry for double posting, I just would really like advice and to avoid any complications.

I originally came to the US for an extended visit (not to exceed the 190 days) while I was a business student via correspondence with a Canadian university with a student loan as my funding. I decided to try to seek legal employment through TN as a Graphic Designer and have been offered a position. I do have a BA in Theatre from the University of Ottawa but I do not have any official employers as a graphic designer. I've mostly done work for people pro bono to garner experience and add to my portfolio. All the people I've done work for are willing to write letters in lieu of employment letters and the employer has stated on their offer letter that they feel I was by far the best candidate and my vision meets their needs completely.
My questions are:
How likely is the lack of salaried job experience going to effect my TN application?
Should I also bring my portfolio as documentation?
What else, giving my situation, should I be sure to include?
How do I go about applying for a TN if I am already in the US?

Also, any other words of advice or information anyone might have please feel free to share. I've been through every website and sometimes it seems clear and sometimes very contradictory and complicated. I would also very much appreciate any CBP/treaty officers advice or suggestions as well.

[cdnseinfeld]

TN & 1099

I am living in Toronto and heading into the US about 90 days per year as a management consultant to earn about $30k. I am being paid on a 1099.

Q:

(a) I have to be paid on a 1099 - is this going to be ok?
(b) under the tax treaty do I have to file with the IRS or with Canada?
(c) can I write off mileage, hotel, meals, etc. on the 1099 against income earned?

Insights appreciated! Mark

[agnelson]

(a). Yes.
(B) you have to file in canada of course, since you are resident there. But by treaty, you do not owe any tax to IRS (you might to the state). So you may have to file a 1040NR (proabably not) but pay no tax. You would need to check with the state in which you are working to see if you are taxable there -- they don't obey the treaty.
(c) Sure.

[veenadogra]

Ny passport said I could stay in the US till 2011 so I thought that meant my tn was automatically extended. I returned from a holiday abroad and found out that I had been working illegally for the last 3 months. My employers had slipped up on filing for a extension. I have been allowed in for a period of 30 days.
Can my company apply for a renewal?

[agnelson]

When you say your passport said till 2011, what was the status? When did you get your TN, and what was the duration you requested?

[veenadogra]

Actually this was on behalf of someone else.
She got her tn last year and she should have got it renewed in Sept. On returning from Canada in Sept she was allowed in till 2011.So she thought she had time to apply for an extension on her tn.
She then went again to Canada during American Thanksgiving.Nothing was said when she was returning to the US
Now on returning from London ion Jan 1 she was told that she had worked without permission for 3 months. Her employer is a big company but they goofed in filing for the extension.Can her employer now apply for an extension?

-- Sun Jan 03, 2010 11:17 am --

She is a Canadian citizen

[agnelson]

Maybe she should be posting.

Other than by renewing her TN, I do not see how she would have got permission to remain in US for such a long time.

On what status was she admitted in September? If it was TN, then it would be difficult to imagine how the officer could have mistaken her 1-year TN for a 3-year TN and issued her a new I-94.

Something is missing from this story.

What was said/done/issued to her at the border in September 2008 and in September 2009?