So, you want to move to the States eh?

[ncatton]

Hi Reba,

I am a Canadian citizen that is currently in California because of a girl. So far I have been here for 2 months. I have a degree in Civil Engineering so my plan was to come to California, get a job offer for a Civil Engineering job, and then get a TN Visa. So far I haven't found a job but I am wondering if what I am doing is illegal and can I get into any trouble? Also if I do find a job do I just have to leave the country and then come back in to get the TN Visa? Another thing is I am planning on going back to Canada in September with my girlfriend for a week and then coming back. At that point I will have been in the US for 11 weeks. Do you think I will have a problem getting back in?

Thanks

[Reba]

You cannot legally look for work in the US while here on tourist status.

You have to apply/receive TNs at a border crossing, you cannot apply for them within the US.

Unless you have ties to Canada (job, home etc) it is unlikely that they will let you back in after you leave in September. Especially if you are travelling with your US citizen partner.

[ctsun1127]

Are you allowed to work in the US for free? Ie. if I'm Canadian but want to work at a company for 6-12 months WITHOUT them paying me ANYTHING.

[Reba]

you would still need a work authorized sort of visa.

[Steven]

Canadians moving to the US MUST research the tax implications as well.

The tax implications hit you as soon as you move your tax home to the US, such as buggering up your CCPC, departure tax, declaring your RRSP etc. ad naseum, which is why when people ask on here I usually tell them to file as non-resident if they're in a non-immigrant category and are only going for a year or two. The downside is you still have to pay Canadian taxes while you're in the US, but it does depend on your situation. If you own a car and a house and have an RRSP you don't really have a big problem with your taxes moving to the US, however if you hold significant amounts of stock outside of an RRSP or own a CCPC that is worth anything significant, etc. you can get hit with taxes big time.

Another caveat is that unfortunately the only definitive information you will get comes from the CRA and the IRS. I've read a lot of stuff on the web on tax sites that is definitely wrong and frankly some of the stuff I've posted was based on out-of-date information. For example the 2008 tax treaty and changes made by the tories to Part XIII tax and departure tax have changed things recently and even a lot of the tax publications are outdated.

I tried to make a list of all the possible forms you might have to fill in moving your tax home back from the US to Canada on here once and I can't remember how many there were but I'm sure I didn't list them all.

[Reba]

There's a book available at probably every book store chain in Canada called The Border Guide. I believe it gets updated with any new tax laws and treaty changes.

[ctsun1127]

What happens the company that applies for your H1B, you stop working there after a month or two? Does that void the H1B, or can you look for work elsewhere?

Furthermore, can one company apply for an H1B for me but I work somewhere else?

[Reba]

No, you have to work for the company who is sponsoring you. If your employment has terminated, then they will withdraw the sponsorship petition. Why would they sponsor you if you're not working for them, that would be silly.