TN1 Visa Family questions and Help

[ozzycanada]

Hello,

First of all I want say THANKS for this great site. I've spent a few hours reading posts and found a lot of answers to my questions however I still do have a few more. Here my situation: I am Canadian and P. Eng. My old boss now working for the competition, a US based company, wants to hire me
In order to start working right away he suggest me to apply for the TN1 visa once he send me the job offer and in parallel he said the company will apply for my H1B. The idea is to be based in US in the near future but in the meantime he wants me to start working from Canada. However I will have to visit customers in US while I am in Canada.

Questions:

1) I guess the first step is to get the TN1 once I have the job offer. So is this a personal process that I must follow at any US POE once I receive the job offer ? Or it can be processed by the company ?

2) Do I really need the TN1 while I am based in Canada? They have not offices here.

3) Am I allowed to go in and out of US with the TN1 visa when my trips are just to visit US customers (Still based in Canada) ?

4) Let's say that I finally move to US either with TN1 or H1B. Under what type of visa/status will my wife and children be while we are in US ?

5) I understand that my wife (Canadian, graphic designer eligible for the TN1) is not allowed to work in US while she is under the visa/status mentioned in 4). Will she be able to get the TN1 visa while leaving in US in case she get a job offer ? or she should apply to a different type of visa considering the fact that she will be living in US ?

5) What about my daughters ? 4 & 8 years old. I guess they will have the right to go to school...I know sound stupid but with americans you never know.....

6) Taxes: I guess I will have to pay taxes in Canada while I am here even if the funds/salary comes from US until I move to US right ? I assume I will not have to pay US taxes until I finally move to US

7) Are we allowed to leave US if we go for vacations abroad without the need to reapply for the TN1 ?

What about the licence driver ? Can we still use the canadian or we need to get a licence driver from the state we are based in ?

Well, that's all folks

Thanks ! Ed \m/

[axolotl]

1) I guess the first step is to get the TN1 once I have the job offer. So is this a personal process that I must follow at any US POE once I receive the job offer ? Or it can be processed by the company ?

The company needs to write your job offer letter, but you must present yourself to a POE to apply. The company cannot apply for a TN for you.

2) Do I really need the TN1 while I am based in Canada? They have not offices here.

If you are being paid by a US company and doing business in the US you must have a work permit.

3) Am I allowed to go in and out of US with the TN1 visa when my trips are just to visit US customers (Still based in Canada) ?

Yes. TNs are marked for multiple entry.

4) Let's say that I finally move to US either with TN1 or H1B. Under what type of visa/status will my wife and children be while we are in US ?

As your dependents, they would qualify for a TD (if on a TN) or H-4 (if on an H-1B).

5) I understand that my wife (Canadian, graphic designer eligible for the TN1) is not allowed to work in US while she is under the visa/status mentioned in 4). Will she be able to get the TN1 visa while leaving in US in case she get a job offer ? or she should apply to a different type of visa considering the fact that she will be living in US ?

She would not be able to work on a TD. If she did get a job offer, she would have to leave the US and re-enter to apply for her own TN.

5) What about my daughters ? 4 & 8 years old. I guess they will have the right to go to school...I know sound stupid but with americans you never know.....

Your children would be able to attend public schools.

6) Taxes: I guess I will have to pay taxes in Canada while I am here even if the funds/salary comes from US until I move to US right ? I assume I will not have to pay US taxes until I finally move to US

You must file US tax returns if you are working for and being paid by a US firm. You would file a non-resident US tax return (state and federal) and file your normal Canadian return.

7) Are we allowed to leave US if we go for vacations abroad without the need to reapply for the TN1 ?

Yes.

8) What about the licence driver ? Can we still use the canadian or we need to get a licence driver from the state we are based in ?

This depends on the state. Most states require you to switch your license over after a certain period of time (New York State, for example).

[Steven]

1) I guess the first step is to get the TN1 once I have the job offer. So is this a personal process that I must follow at any US POE once I receive the job offer ? Or it can be processed by the company ?

Either/or. As they're trying to get you H-1B though probably not a good idea to file two I-129s simultaneously, get it at the border.

2) Do I really need the TN1 while I am based in Canada? They have not offices here.

Depends on what you're doing in the US, you don't need while you're physically in Canada obviously, look up "B-1 NAFTA entry" on the web and see if that covers you, e.g. meetings, training, etc.

3) Am I allowed to go in and out of US with the TN1 visa when my trips are just to visit US customers (Still based in Canada) ?

Absolutely, nothing CBP likes more than you leaving. You'll get a multiple entry I-94 so you can come back in.

4) Let's say that I finally move to US either with TN1 or H1B. Under what type of visa/status will my wife and children be while we are in US ?

TD or H-4.

5) I understand that my wife (Canadian, graphic designer eligible for the TN1) is not allowed to work in US while she is under the visa/status mentioned in 4). Will she be able to get the TN1 visa while leaving in US in case she get a job offer ? or she should apply to a different type of visa considering the fact that she will be living in US ?

She can't look for work in the US on TD but the employer can file an I-129 to change status for her, or she can go back to a POE and apply.

5) What about my daughters ? 4 & 8 years old. I guess they will have the right to go to school...I know sound stupid but with americans you never know.....

Yes, but bear in mind when they hit 21 they will have no status in the US, this is a common problem. They have to leave at that point. What often then happens is they get F-1 to go to university and may or may not get in-state tuition rates depending on what State you're in. But then they're out-of-status when they finish their degrees.

6) Taxes: I guess I will have to pay taxes in Canada while I am here even if the funds/salary comes from US until I move to US right ? I assume I will not have to pay US taxes until I finally move to US

You pay taxes proportionally and will have to file a non-resident return in the US to report your US income. Lots of threads on here about it, also read: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

7) Are we allowed to leave US if we go for vacations abroad without the need to reapply for the TN1 ?

Yes, provided your status doesn't expire while you're on vacation.

8) What about the licence driver ? Can we still use the canadian or we need to get a licence driver from the state we are based in ?

Depends on State law and how long you are there, but usually yes. Under the Real ID Act most States (nearly all in fact) limit the validity of your DL to whatever the expiry date is on your I-94.

[ozzycanada]

Thanks Steve and axolotl. really appreciated

Ed

[pictou]

i have tried to post my own topic but the site wont let me because i presume it keys on certain words which forces me to latch onto some other post that is similar but not the same...anyway...

I have a TN visa...I am currently living in Calgary and commuting very 3 weeks to the US for work and back.
I would like to move my family and myself to Northern California for the duration of my contract as it is an easier commute and probably a better place to live. Can I do this? My wife will not work and my kids are too young for school. I presume I will have to get a TD visa for the wife and kids but since they are not working shouldn't be a problem..

[agnelson]

looks like you were able to post a new thread, so look for answers there....