TN working for staffing firm

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Patrick.FNew Member
Topic author
Posts: 8
Joined: 25 Aug 2008
Location: Toronto

TN working for staffing firm

Post Mon May 16, 2011 10:25 am

Hi All,
I am TN holder and working in US. I am sponsored by a staffing firm and working in this company's client site. Initially this is a 6 month contract, but till by 4th month the client terminated the project. Since my TN sponsored by the staffing company, they said they will continue look for new job for me. In this scenario, should I leave US immidiately and reture my I-94 or I can still stay in US till the TN expired or they found the new job for me?

Thanks,

Patrick
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: TN working for staffing firm

Post Mon May 16, 2011 10:36 am

You are "benched" and thus not working in fulfillment of your TN, so you should leave.
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Patrick.FNew Member
Topic author
Posts: 8
Joined: 25 Aug 2008
Location: Toronto

Re: TN working for staffing firm

Post Mon May 16, 2011 12:24 pm

Thanks.
That means the TN holder cannot work on part time job basis?
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: TN working for staffing firm

Post Mon May 16, 2011 12:43 pm

Yes, but that part-time relationship must be stipulated in the TN letter.

And border officer could require any who enter US in "part-time" TN to show either that they are otherwise finacially self-sufficient, or require that they maintain full-fledged Cdn residence.

In any event, your TN was for a full-time position, which is no longer being satisfied. You will need to do something to become legal again, which would be either leaving US, or you finding actual TN work, and then re-applying for TN at the border.
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Patrick.FNew Member
Topic author
Posts: 8
Joined: 25 Aug 2008
Location: Toronto

Re: TN working for staffing firm

Post Tue May 17, 2011 5:02 am

agnelson wrote:Yes, but that part-time relationship must be stipulated in the TN letter.

And border officer could require any who enter US in "part-time" TN to show either that they are otherwise finacially self-sufficient, or require that they maintain full-fledged Cdn residence.

In any event, your TN was for a full-time position, which is no longer being satisfied. You will need to do something to become legal again, which would be either leaving US, or you finding actual TN work, and then re-applying for TN at the border.


Thank you very much! At this moment, my wife is working in US too with her TN, from the uccis web site, it said as the spouse of TN holder, I don't need any visa to stay, or I may misunderstood this... my question is:
- Should I fill the fill some form to apply the TD visa or apply the TD from the border?
- Or I don't have to apply the TD visa immidiately when I looking for a new job?

Thanks again,

Patrick
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agnelsonCanuckAbroad VIP
Posts: 3264
Topics: 1
Joined: 26 Aug 2009

Re: TN working for staffing firm

Post Tue May 17, 2011 6:48 am

it said as the spouse of TN holder, I don't need any visa to stay, or I may misunderstood this


Yes, you misunderstood. Cdns don't require any visas, but the do require legal status, like TN, B1, H1, etc. You need TD status, which you get at the border or by filing an I-539 before losing your previous status. If you are already out of work, you can only get TD at the border.
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