Leave of absence under TN visa

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kapiNew Member
Topic author
Posts: 1
Joined: 27 Apr 2009

Leave of absence under TN visa

Post Mon Apr 27, 2009 10:41 pm

I am working in the U.S. with a TN visa valid till 2012 . I am likely to be on leave of absence for 3-4 months without pay with my present company. Can I still stay in the U.S. during this period or should I leave the country.
Thanks.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Leave of absence under TN visa

Post Fri May 01, 2009 4:44 pm

It's a bit of a grey area, if you were in under H then the answer would definitely be yes, you'd have to leave, the regs don't really consider this situation on TN-1. My guess is that if it's clearly temporary and you are still technically employed by them and will return to work then you may be okay. Hard to know with no caselaw on it.
Steve.
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