TN Visa Extension ...................

[Bhenrey]

Am wondering if someone can help me out

I will be going for a TN Visa extension this month and have a couple of questions.
I will be applying for the Management Consultant category going for a 3 year extension from a land POE
I'll place my question if anyone can add anything it will be much appreciated.


1) I am working as a consultant to a US company placed by a Canadian Company ( The only relation i have with the Canadian company is that they send me a paycheck every other week) I report to US management

2) I work on a 1099 which is issued by a Canadian Company. I am wondering if this is a Grey area or getting paid on a 1099 is wrong. I was told that it should be a W2 and not a 1099 just recently by a friend.

3) When going to get my visa extension i will be taking my TN Letter, diploma, experience letter etc but i was also told that a pay stub or a Valid pay check is also required.

4) If a valid pay check or stub is required would it be a problem that the paycheck is issued from Canada to the US? My paycheck is issued from a Canadian company and not the US company i work for ( reason being i am a consultant). If i take a pay stub to POE it does not show any contribution in taxes or social security as i am on a 1099 and have to pay taxes/ social at the end of the year.

5) I don't get paid for holidays , vacations etc but do get paid for extra hours if i put in ( is this ok or a no no)

6) My TN Letter is the same as the one i got in my first year the job description hasn't changed at all (can this be a problem)

7) I was doing absolutely fine until this friend of mine just scared the holly hell out of me. 4 years and i have no issues with extensions and now i am thinking i might be doing something wrong. Went to a lawyer for Clarification paid 200$ only to find out that he is delusional and has no idea what he was talking about.
He told me that my case was weak and if i went through him (other word pay 3500$ i will get a TN ,his success rate is 99.9%(Bu***8t). When asked if my case is weak how did i manage to get TN the past 4 times, his answer was of course times have changed.


Excuse my ignorance this is something i should have looked into long time ago.Just want to know if i am doing something wrong if i am I'll try to correct otherwise try another visa or go back to Canada.


The border Patrol somehow scares the crap out of me, they are kings/queen in their own world with unlimited powers.


I just hope to find a experienced officer and not a rookie. The experienced ones are the best from what i have seen. Its always the new one who need more clarification going back and forth looking at the manuals.

[agnelson]

Why not ask this at an immigration site like:

http://forums.immigration.com/forumdisplay.php?f=244

1.It obviously wasn't a problem when you got the original TN. It won't be now.

2. See #1.
3. Not really. You don't need to be working to get a new TN at border. The letter is sufficient.
4.See 3
5-7. Some friend. Some lawyer.

Seriously. An immigration site is a better forum for this discussion.

-- Fri Sep 25, 2009 8:42 am --

One thing that you haven't mentionned as a worry, that might overshadow all the things you listed is the concern that you are consulting with the same client for 'too long'. Since MCs are supposed to be temporary and supernumerary to the clients normal workforce, a TN officer may have a hard spot granting you the next three years.

And a note on the FICA and issue. How have you been paying FICA and US taxes in previous years? Typically IRS likes (insists) on getting tax money (including self-employement tax) upfront throughout the year. What have they said so far? I would have thought they would put you on quarterly installments, or assessed underpayment penalties by now.

[Bhenrey]

[/quoteAnd a note on the FICA and issue. How have you been paying FICA and US taxes in previous years? Typically IRS likes (insists) on getting tax money (including self-employement tax) upfront throughout the year. What have they said so far? I would have thought they would put you on quarterly installments, or assessed underpayment penalties by now.

I use to pay quarterly installment when i was in Canada working under my Corporate, here i am just paying lumpsum one time payment, nothing happened the first few year however last year some how i had to pay around 300$ in fines or penalties the accountant told me that i should pay quarterly payment but i haven't started this a little bit lazy. I am assuming i have to pay the same 300$ in penalties which i guess won't be a problem.

So you really think i might have a problem with MC going for 3 years?
Anyone else has that same issue?

[agnelson]

"Anyone else has that same issue?"

The TN-specific board I listed earlier will be most helpful.

As to not paying quarterlies, willingness to pay the penalty is fine. The risk of course is to not be able to pay the tax at year-end, which is not a problem you want to get into.

[Bhenrey]

[/quoteThe risk of course is to not be able to pay the tax at year-end, which is not a problem you want to get into.

I agree with you. Its not that i owe anyone anything not a single red dime, but i do see your point.

One thing that you haven't mentionned as a worry, that might overshadow all the things you listed is the concern that you are consulting with the same client for 'too long'. Since MCs are supposed to be temporary and supernumerary to the clients normal workforce, a TN officer may have a hard spot granting you the next three years.

I thought all TN's were temporary?
I will submit my question to the other board you mentioned here as well