moving to the states with the same company

Hello all, First i would like to thank you for the great info you are providing in this forum! I have a concern and i would love to get some feedback from all of you. I work for a huge US based...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

Author Message

Meh12
New Member

Joined: 09 Jul 2008
Posts: 3

Posted: Wed Jul 09, 2008 4:30 pm

Hello all,
First i would like to thank you for the great info you are providing in this forum!
I have a concern and i would love to get some feedback from all of you.

I work for a huge US based company here in Toronto, Canada. I started this job as IT Analyst and in 4 months i got promoted to a Systems Analyst. I have been working in the Canadian office for almost 7 months and my manager in the US asked me if i would like to work in the states. I would love to work down there in the head quarter, but which Visa would be the best to get me going

Work experience:
3 years as computer technician (Canadian)
1 year as a systems administrator/Analyst (Canadian)

Education
3 years diploma in computer systems (Canadian)
a degree. in information security (US)

Citizenship: Canadian

so roughly how long will take to get me down there?

Your help is much appreciated!

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Thu Jul 10, 2008 5:19 am

If its an inter-company transfer you can do L1B.
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

Meh12
New Member

Joined: 09 Jul 2008
Posts: 3

Posted: Thu Jul 10, 2008 7:42 am

Thanks for the reply!
its an inter-company transfer.
So how long will this take? where i can get more info? Any websites that i can visit?
thanks again.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Thu Jul 10, 2008 10:13 am

INTRA-company transfer.

L-1B is the entry category for this, you can apply at the POE, costs $820. Requires some supporting paperwork, proof of your position, proof of the relationship between the offices, proof of the transfer, description of your responsibilities.

You can also use TN-1 for systems analyst, it's cheaper ($50), but you have to have "bona fide non-immigrant intent" (which if nothing else causes you a headache with your taxes), whereas L-1B is dual-intent (i.e. they can sponsor you for permanent residency). Plus L-1B is renewed in two-year increments, TN-1 is just one year at a time.

The downside is that L-1B is only valid for a maximum of five years, whereas TN-1 can be renewed forever (although going by the comments on here, the longer you have it the less convinced USCIS are going to be that you have non-immigrant intent).

So basically my suggestion would be to use L-1B, and if you can't convince them to sponsor you and you want to stay for more than five years, switch to TN-1 at that point.

Beware of the tax issues: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

Long story short, it's not a good idea to move your tax home to the US if you plan on coming back to Canada anytime soon (the only exception is if you save enough money on tax to afford a really good accountant). Although the IRS will attempt to convince you that it is.
_________________
Steve.

Meh12
New Member

Joined: 09 Jul 2008
Posts: 3

Posted: Thu Jul 10, 2008 11:38 am

Awesome! Thank you Steve!
Quick question regarding the tax issue
i read the website and it says
"
This pamphlet does not apply if you:

are a U.S. citizen;
have been granted permanent resident status by the United States Citizenship and Immigration Services (USCIS), (i.e., granted a “green card”); or
have residential ties to a country other than the U.S. and Canada
"
I do have another passport (but expired) for another country, does that mean i don't have to worry about this?
Thanks again . and for some odd reasons your name remind me of Inside Man.if u know what i mean Wink

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Fri Jul 11, 2008 4:15 pm

"Residential ties" means you pay tax in another country other than Canada. Has no bearing on your citizenship.
_________________
Steve.

dannykool
CanuckAbroad Regular

You can't win if you don't play

Joined: 16 Oct 2007
Posts: 61
Location: Europe

Posted: Thu Jul 17, 2008 8:20 am

Steven wrote: INTRA-company transfer.

L-1B is the entry category for this, you can apply at the POE, costs $820. Requires some supporting paperwork, proof of your position, proof of the relationship between the offices, proof of the transfer, description of your responsibilities.

You can also use TN-1 for systems analyst, it's cheaper ($50), but you have to have "bona fide non-immigrant intent" (which if nothing else causes you a headache with your taxes), whereas L-1B is dual-intent (i.e. they can sponsor you for permanent residency). Plus L-1B is renewed in two-year increments, TN-1 is just one year at a time.

THE CATEGORIES FOR TN TEND TO BE LIMITED.

The downside is that L-1B is only valid for a maximum of five years, whereas TN-1 can be renewed forever (although going by the comments on here, the longer you have it the less convinced USCIS are going to be that you have non-immigrant intent).

So basically my suggestion would be to use L-1B, and if you can't convince them to sponsor you and you want to stay for more than five years, switch to TN-1 at that point.

Beware of the tax issues: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

Long story short, it's not a good idea to move your tax home to the US if you plan on coming back to Canada anytime soon (the only exception is if you save enough money on tax to afford a really good accountant). Although the IRS will attempt to convince you that it is.

--------

TAX ISSUES

It seems that there are special things to note for Canadians going south as per the website. Somehow, it seems to be much easier when one moves to Europe or so in terms of the tax forms or so. I don't understand why moving to the US entails a different kind of paperwork. I assume it is because of the tax treaties etc. but that holds for other western countries too.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Fri Jul 18, 2008 11:16 am

The US has an unusual tax system in that it extends to US citizens and LPRs wherever they are, plus it is hideously complex even at the best of times. The reporting requirement leads to enormous numbers of forms that people have to file, plus there are armies of lawyers in the US trying to find tax loopholes so the IRS comes up with some other form that you have to file to close it.

For example a US citizen or LPR has to report most foreign assets valued over $10,000 whereas in Canada the limit is $100,000.

Other countries are simply more laid back about it.

I am soooooo glad I didn't move my tax home to the US when I lived there.

You still have to file for tax treaty claims and all that in other countries but it doesn't really kick in the same way as it does in the US. They even have things called "protective returns" in the US, so for example a corporation incorporated in Canada that has no idea it has clients in the US can file this (and how can you know in the age of the internet) as a CYA move because it has "trade effectively connected with the US". Just in case the IRS audits one of your unknown clients and wants to know where all their money is going.
_________________
Steve.