This might be a tricky situation - I'm a Canadian citizen currently working in the US on an H1B in the software sector. Recently, a buddy of mine started his own company and offered me a job with a large ownership stake (20%). The company has raised a little over $500k in funding from Venture firms and angels but has no revenue streams. It's located in a different state (CA). We are planning to apply for TN instead of H1B since it's easier.
Because the company is so new and risky, I don't want to uproot my family until there is a clearer sign of future in this new company. Is this possible? Can I work remotely from my home office if I'm on TN (also note that I'm a part owner)? I do intend to move there once things start to look up.
I see no problem in working on a TN remotely from a home office located in a different location that the corp. home office as long as you are working for the company that supported the TN and are working in a profession listed on the NAFTA schedule. What is not clear from your email is whether you intend giving up your current H-1B employment. You need to be sure to understand that you cannot hold H-1B status and TN status at the same time. If you are going to want to work for both employers you need a second H-1B.
The TN is specific to the employer. As long as that is who you are working for on a TN sponsored by the same employer, you should be fine. There are more details you need to work out so I suggest you contact an immigration lawyer. A TN job needs to be on the NAFTA Schedule A list.
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