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law_info

TN visa- Salary change

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I entered the U.S right away after being approved for TN visa. However, due reconstruction in my employer's institute, I started my job 1 month after the date mentioning in the job offer. Also, due to less demand on the job now, my employer offers me part time job instead of full time. As a results, the salary now is 20 000 less than the amount mentioning in the job offer that the US port of entry has a copy. Do I need to report for the late start & the salary change and who do I report to : USCIS or U.S port of entry office? Thank you in advance for your time and your input

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As I understand it, there are no salary stipulations or requirements associated with a TN visa. (I was on TN visas for a number of years, and while my annual salary was noted in my employer's letter, there was never any inquires about it, e.g. with respect to prevailing wages, etc.) Also, part-time work is allowed per the regulations that state "applicant will work in a prearranged full-time or part-time job for an employer". However, a TN visa is based on the documentation provided, notably the letter from the employer. Accordingly, your current TN visa is based on full-time employment at the specified salary per the submitted job offer letter.

You should consider getting a new TN visa based on a letter from your employer for the part-time employment and the applicable salary. Probably the easiest way to do this is by leaving and re-entering the U.S. at a port-of-entry (PoE). If you wait until your current TN visa expires to get a new TN visa there is a good chance you will face questions about when the change in employment conditions happened, and why you did not get a new TN visa at that time. (I had to get a new TN visa before my current TN visa had expired a couple times when I had job changes, and did it by leaving and re-entering the U.S. at a PoE. The first time I had a job change I did not get a new TN visa right away, and when I did go to get a new TN visa I as told that I should not have waited, as my TN visa was tied to the documented employment. Admittedly, in my case it was for changes in employers, e.g. due to acquistion, versus full-time to part-time. )

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Thank you vey much for your response.

When we apply for new TN the 2nd time, is there any form we need to fill or inteview asking what we have done previously and salary,.. to check for if we worked as what mentioned in the job offered letter the first time?

Actually, I don't think I need to renew my TN because my husband is a green card holder and he applied a green card for me. I will have an interview for green card before my TN is expired. I'm not sure at green card interiview, uscis will check for my working status while I am on TN or not?

Any input is greatly appreciated.

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Actually, I don't think I need to renew my TN because my husband is a green card holder and he applied a green card for me. I will have an interview for green card before my TN is expired. I'm not sure at green card interview, USCIS will check for my working status while I am on TN or not?.

First, since your husband is a permanent resident and has applied for your permanent residency (green card) you will likely not be able to get another (new) TN visa, as a TN visa does not allow dual immigrant intent. In other words, you cannot be pursuing a permanent residency immigrant visa (green card) and get a TN visa. (There maybe even issues with being on a TN visa and getting your permanent residency.)

Second, since your husband has applied for your permanent residency (green card), you maybe able to apply for an employment authorization document (EAD), and if you need to travel outside the U.S. advance parole (AP). With an EAD you can work in the U.S. in any capacity, so the part-time job would not / no longer be an issue.

With respect to both points, you should consult with a qualified, experienced immigration attorney to understand your options and if there are any issues under your current TN visa.

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It is possible that the USCIS will check the employment information during the green card processing. Further, please note that you may have trouble extending TN status, if necessary, because dual-intent is not permitted for TNs.

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Thanks alot for your time and information.

I just remembered to call and ask an officer at the port of entry where I applied for my TN previously. He said that I don't have to report because I have worked at the same company with the same job. I feel so relieved now. Thanks for all your kind response.

About TN to green card. I feel if I try to apply for green card by myself while on TN, it is not possible ( unlike someone on H1 for several years can apply for green card). Here my husband apply for me, so I am not sure if it is acceptable? Anyone know? Thanks in advance.

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I believe it is still your permanent residency (green card) application, sponsored by your husband (that is the way it works in other categories). I know that I had to change my visa from a TN to a H-1B to pursue permanent residency, but admittedly I am the principal beneficiary. On the other hand I was advised by my attorney that it is okay for my daughter to be on a F-1 (student) visa (which also does not allow dual immigrant intent) and be able to file a derivative permanent residency adjustment of status (without changing back to a H-4 visa).

The best advice (if for nothing else but piece of mind) is to consult with a qualified, experienced immigration attorney.

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Thanks catx for mentioning AED. I actually need AED to apply for medical residency program but I didn't know that I'm qualified for AED until you said I am. I will look into this.

Thank you again.

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