# TN Visa, change of address and part time work



## Maryellen (Jul 6, 2010)

Hello

I am Canadian and have just been granted a TN Visa for 3 years. I arrived at the end of June. 

Could anyone help me with the following:

1. Are there any restrictions on how much time I take off during the duration of the 3 year visa? Specifically I would like to work for 2-3 months and then take 2-3 months off on an ongoing basis. I will stay with the same company and travel while on my breaks. My company is happy with this and will keep me on the books as a contracted employee for the 3 year duration.

2. When I travel I will not be in the state where I work and will not maintain the same address - how do I handle this? Do I need to inform USCIS of my movements and let them know where I am if I move around? Will this give me problems, in that they may think I am no longer working, as I will not be in the same state as where my job is? (I would like to spend a few months in California in one location but I am working in New York). When I am gone on my breaks I do not wish to renting in New York.


I searched the forum but was unable to find anything specific to these questions.

Thank you in advance.


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## in2h2o (Mar 13, 2010)

Hi Maryellen -



It is necessary and a misdemeanor crime to not notify the USCIS with a written notice of address change (Form AR-11) once you have been in the United States for 10 days if you will be away from the address they have fore you no longer be residing at the current address they have for you on for 30 days or more. From the USCIS website, "Individuals being convicted, including the parent or the legal guardian of an alien under age 14 who is required to give notice, can be fined up to $200 or imprisoned up to 30 days, or a combination of both. Individuals may also be deported from the United States, ref. INA § 266(b). "

Because part-time employment is allowed for TN visa holders, you will not be at risk of losing your visa as long as your employer will verify your status as a current employee.

In addition, you are also able to travel outside of the U.S but will want to be sure to have your original Form I-94 with you. If your Canadian passport expires while you are in the U.S. on your TN visa, be sure to carry your expired passport with you with your Visa information stamped in it along with your new Canadian passport.

Hi Maryellen -

Canadian residents with a TN visa are able to work part time. I'm not sure if your visa application specified that you would be working full-time but if not, travel while you are not working is not a problem.

It is necessary and a misdemeanor crime to not notify the USCIS with a written notice of address change (Form AR-11) once you have been in the United States for 10 days if you will be away from the address they have fore you no longer be residing at the current address they have for you on for 30 days or more. 

From the USCIS website, "Providing the USCIS with your change of address is not a separate requirement, but is necessary for visitors to lawfully stay in the United States. Visitors who do not comply with the change of address requirement during their stay in the United States will be considered “Out of Status”. The consequences of being out of status can lead to arrest, detention, fines, and/or removal (deportation) from the United States. Future visa applications to enter the United States may also be impacted." 

Because part-time employment is allowed for TN visa holders, you will not be at risk of losing your visa as long as your employer will verify your status as a current employee.

In addition, you are also able to travel outside of the U.S. In doing this, be sure to have your original, validated Form I-94, Record of Arrival-Departure, which notes the length of stay permitted in your passport and with you. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the U.S.

DO NOT travel outside the U.S. if you have applied for a change of status which is pending, as this is considered abandonment of the application.

I hope this has helped.


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## Maryellen (Jul 6, 2010)

Thank you, in2h20 for the response.

I am glad to know I can work part time and still be in the country legally!

However, I am a bit concerned about one point – when I was issued the TN Visa I was told to wait in a room while the paperwork was processed. The immigration officer filled out my I-94 form and kept part of it. I only saw the portion stabled into my passport, and so I DO NOT KNOW what address was put on record. I was not asked where I would be staying or living. The officer may have seen the name of the hotel that was in the papers but I was only there for the first week. Maybe he recorded that as my address, I don’t know?

I own property in California and that is where I intend to go when I am not working in New York. I was not asked to give an address so I didn’t mention this. I have had the home for 5 years. I am concerned that this may raise questions about my employment – i.e. why am I living in California but my work is in New York? The company I work for is happy for me to take several months off between jobs, but how will this look to Immigration. But for now, should I go to the website and change my address to my house in California? Note, it is not rented out and I do receive mail there. It is my permanent address in the US. 

I just don’t want to cause myself any problems!

Thanks again,

M


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