R.G. Stockwell

Hello all,

I have some questions about subjects that don't concern me yet,
but may in the near future (if rumours turn out to be true).
I will contact an immigration lawyer, but I was hoping to get a
little heads up info here on the group.

I am a canadian on a TN visa to work for 2 companies.
My wife is also a canadian, with her own TN visa to work for a (third) company.

For one of my companies on the TN, the project I am working on may be canceled, and I
may be out of a job sometime next year.

Questions:
If I do lose this one job, do I report this to the INS?
Is my TN visa still valid for my second company (which I will likely still
work for although only half-time)?


Also, if I am unable to work for this second company, is there any way of
getting unemployment insurance if I stay a resident in the US (for instance,
as a TD on my wife's TN)?
Now, I understand that if I returned to canada (which is always an option), I
could collect unemployment insurance to bridge the gap until I find another job.


Cheers,
bob

Stuart Brook

"R.G. Stockwell" wrote:
    >
    > Hello all,
    >
    > I have some questions about subjects that don't concern me yet,
    > but may in the near future (if rumours turn out to be true).
    > I will contact an immigration lawyer, but I was hoping to get a
    > little heads up info here on the group.
    >
    > I am a canadian on a TN visa to work for 2 companies.
    > My wife is also a canadian, with her own TN visa to work for a (third) company.
    >
    > For one of my companies on the TN, the project I am working on may be canceled, and I
    > may be out of a job sometime next year.
    >
    > Questions:
    > If I do lose this one job, do I report this to the INS?
    > Is my TN visa still valid for my second company (which I will likely still
    > work for although only half-time)?
    >
    > Also, if I am unable to work for this second company, is there any way of
    > getting unemployment insurance if I stay a resident in the US (for instance,
    > as a TD on my wife's TN)?
    > Now, I understand that if I returned to canada (which is always an option), I
    > could collect unemployment insurance to bridge the gap until I find another job.
    >
    > Cheers,
    > bob

First, you do not have a TN visa - you are in the US in TN status. A
visa is a stamp in a passport which permits you to seek entry at a port
of entry. Once someone who needs a visa is in the country, the visa is
irrelevent. Because Canadians do not need a visa to enter the US, there
is no such thing as a TN visa either. Don't confuse a visa with the
I-94 record of arrival and departure which the INS affix in your
passport. That is your evidence of legal presence in the US.

Next, I presume you obtained authorization from the INS to work for 2 TN
employers and either have 2 I-94s or 1 I-94 with both companies' names
on them.

When your employment with one ends, there is no need to notify the INS.
As long as the second job was authorized by the INS, you need do nothing
at all but continue to work providing the conditions you are working
under for the second company are as was petitioned for.

If you lose that job, then you can become a TD based on your wife's TN
by filing form I-539 *immediately* you know the date of your layoff, or
on the date of layoff ... no later. Send it by USPS, Priority or
Express Mail, with a certificate of mailing and return receipt
requested.

You cannot collect UI while living in the US, because you do not meet
the requirements of "ready, willing and able" to accept employment. You
can't accept employment because the employent must be approved by the
INS. This question has been asked and researched a million ways to
Sunday. While some state UI offices have mistakenly given UI to laid
off aliens, they have usually come along later and reclaimed it.

Moreover, claiming UI, while not a social benefit, does indicate to the
INS that you may not have the funds to support yourself. That would
make you potentially removable!

Stuart

Stuart Brook

"R.G. Stockwell" wrote:

    > Now, I understand that if I returned to canada (which is always an option), I
    > could collect unemployment insurance to bridge the gap until I find another job.
    >
    > Cheers,
    > bob

And just to follow up on this thought ... yes you could return to Canada
to collect UI, but you must seek work in Canada too. BUT the big
problem with that is that it would make you a Canadian resident for that
time, and as such also make your spouse a Canadian resident, making her
taxable in Canada! The cost could quickly outweigh any benefits.

Stuart

R.G. Stockwell

Stuart Brook wrote:

    > "R.G. Stockwell" wrote:
    >
    >>Hello all,
    >
    > First, you do not have a TN visa - you are in the US in TN status. A
    > visa is a stamp in a passport which permits you to seek entry at a port
    > of entry. Once someone who needs a visa is in the country, the visa is
    > irrelevent. Because Canadians do not need a visa to enter the US, there
    > is no such thing as a TN visa either. Don't confuse a visa with the
    > I-94 record of arrival and departure which the INS affix in your
    > passport. That is your evidence of legal presence in the US.


Thanks for the clarification.


    > Next, I presume you obtained authorization from the INS to work for 2 TN
    > employers and either have 2 I-94s or 1 I-94 with both companies' names
    > on them.


Yes, that is correct. One I-94 with both names on it.

    > When your employment with one ends, there is no need to notify the INS.
    > As long as the second job was authorized by the INS, you need do nothing
    > at all but continue to work providing the conditions you are working
    > under for the second company are as was petitioned for.


Thanks. Good to hear.


    > If you lose that job, then you can become a TD based on your wife's TN
    > by filing form I-539 *immediately* you know the date of your layoff, or
    > on the date of layoff ... no later. Send it by USPS, Priority or
    > Express Mail, with a certificate of mailing and return receipt
    > requested.


Thanks. I'll keep a copy of this reply.


    > You cannot collect UI while living in the US, because you do not meet
    > the requirements of "ready, willing and able" to accept employment. You
    > can't accept employment because the employent must be approved by the
    > INS. This question has been asked and researched a million ways to
    > Sunday. While some state UI offices have mistakenly given UI to laid
    > off aliens, they have usually come along later and reclaimed it.
    >
    > Moreover, claiming UI, while not a social benefit, does indicate to the
    > INS that you may not have the funds to support yourself. That would
    > make you potentially removable!


Yikes! I pretty much saw that coming though.
I didn't think UI would be something I could use, and knew that when I came
here to work. I have been planning for such an occasion, but I just wanted
to float the question, to make sure i was missing something that would
help me.


Thanks a lot for the response.

Cheers,
bob stockwell