TN Visa time off

Hello there,

I hope someone can help me. I currently hold a TN VISA valid until dec 8th 2012. My employer is telling me that they dont have work for me for a few months but that after a few months they will need me to come back in and work (contract job). Ive worked on this visa for a few months and I dont want to leave and come back when they might get something and they need me to come in sooner or later. MY question is, does this fall into the "part time" job description on the visa? How much time can I wait without working before my visa gets invalid.? The intention of my employer is to hire me through out the year when they need me , could be 6 months plus straight or in s month or week to week lapses.

Thanks in advance.

Part-time employment is acceptable on a TN if that is what you initially requested when obtaining your TN status. In order to maintain your TN status you must continue to work for your employer under the conditions of the initial approval. Your employer telling you that they,"don't have work", can be seen as a lay off or termination. This would result in termination of your TN status. This is a sensitive situation, especially if any similarly employed U.S. workers have been laid off by your employer.

Thank you for the speedy reply.

The letter does not state whether is going to be part time or full time. It only says that the wanted me to be there for 1 year plus on contract. It all comes down to as of when they can get the project. sometimes they can have me there for 1 or 2 weeks in a month or sometimes 8 months straight. Is there a time period I need to know about? for instance I can just work 1 week a month until they get the project? also, is there any vacation time I am allowed under TN? because I was thinking on taking time off anyway due to medical problems.

Thank you for your time.

TNs are very flexible. You can work one day or thirty days a month. It comes down to the arrangement between you and your employer and what was presented at the border. Vacation and medical leave are both allowed.

Hi. So JRIMMIGRATIONLAW - are you saying that you can STAY in the US if you are only working a couple of days a month, or have a few months off? (If the arrangement doesn't state otherwise). Ex. If you had a TN for a year, and you were only working a couple of days a month, can you still stay in the US in between working?

The ammount of time (and more importantly, the salary paid) would determine whether you would need to maintain Cdn toes at the time of getting the TN (and on each entry), but, yes, once granted a TN, and you and employer stick to its terms, the TN allows you to live in US.

Anyone else have experience to offer on this? Thanks.