Canadian spouse of TN in US can she continue CA business

[vinata]

Hi
I and my husband, and children are canadian citizens.
Since past 6 months, My husband is working in U.S under TN visa and through his employer company's paper work, my husband is also getting H1 visa soon next month

In the past I worked as professor online, onsite both in U.S Canada; have degrees M.S PhD from U.S. Universities.
Also had self proprietary small home business ' statistics research consultancy most working online - registered in Canada
I know under Naphtha University professors can work in US under TN visa, but at current recession in economy, I am finding difficult to get Univ job in U.S and also finding extremely hard to sit at home with my academic qualifications going wasted and rusted.
Can somebody please inform?
1. Can I continue my already registered Canadian- online consultancy business in Canada from U.S under TN or H1 dependent status ?
As my home address in Canada which was my business address is now changed and is in U.S, so, do I need to just change business address of Canada to U.S and pay taxes in Canada for my pre registered business in Canada?
Or -Do I need to change status of my pre registered Canadian self proprietary small home business ' to 'INC' status? And pay taxes in Canada for such INC

Any guidance will be extremely appreciated.
Thank you,
Vinata

[agnelson]

You need to ask an immig lawyer, or at least at an immigration site.

There are ways for foreign dependants to work for foreign companies while in US, but require that firm have no presence in US, so it can;t really be your own firm.

[Reba]

not as TD, but you can once your husband gets his H1 and you get the H derivative. (H2?) TD is not work authorized.

[agnelson]

TD, H4, B2 dependants can all work under the same provisions I outlined above, reba. H4 has no greater or lesser rights than TD.

It must simply be put to a lawyer to go over the employer/employee situation.

[Steven]

Pretty much just answered this one in: Telecommuting from US for a Canadian job

There's no advantage to using a corporation in this situation as also explained at great length in the thread about 1099s in the immigration section.

Short answer - you cannot work in the US without work authorization. You cannot easily pay taxes in the US (which would be required) without work authorization and you cannot get work authorization as TD.

[agnelson]

The tax issue is not a big probem. Your spouse is in US and working, an thus will be filing a return, joint with you. You report the income on it as well. Firm should issue you a w-2 but not crucial.

Steven, there are provisions for spouses to work while in US -- for foreign co, with no presence and no advantage in US.

I'm surprised you haven;t heard of it. Oh well, vinata. best look on an immigration site.

Ingam also has several postings on this at centa.com

[vinata]

Thanks all
I will check Immigration site too.
Regards.

[Steven]

Steven, there are provisions for spouses to work while in US -- for foreign co, with no presence and no advantage in US.

Like I said, that was the short answer - you cannot work in the US on a non-work authorized category (B-1 is work authorized in certain situations).

The long answer is more detailed and I covered it in the other thread.

Given that she's essentially self-employed she can't work in the US on TD, she has no Canadian employer (it's not arms length), so even legally esoteric methods (TD can do what B does, etc.) won't work.