So, you want to move to the States eh?

Canadian Expats and travelers in the USA can communicate with each other here!

Moderators: Reba, visaplace.com

RebaModerator
Topic author
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: So, you want to move to the States eh?

Post Wed Aug 12, 2009 4:10 am

you would still need a work authorized sort of visa.
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: So, you want to move to the States eh?

Post Mon Aug 17, 2009 10:59 am

junedejeune wrote: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a lot of stuff on the web on tax sites that is definitely wrong and frankly some of the stuff I've posted was based on out-of-date information.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the tories to Part XIII tax and departure tax have changed things recently and even a lot of the tax publications are outdated.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.
Steve.
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RebaModerator
Topic author
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: So, you want to move to the States eh?

Post Mon Aug 17, 2009 3:57 pm

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.
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ctsun1127Junior Member
Posts: 13
Joined: 10 Aug 2009

Re: So, you want to move to the States eh?

Post Sat Aug 22, 2009 8:32 am

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?
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RebaModerator
Topic author
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: So, you want to move to the States eh?

Post Sun Aug 23, 2009 5:56 am

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.
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agnelsonCanuckAbroad VIP
Posts: 2865
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Joined: 26 Aug 2009

Re: So, you want to move to the States eh?

Post Thu Sep 03, 2009 6:56 am

Reba wrote:You have to apply/receive [initial] TNs at a border crossing, you cannot apply for them within the US.


Not so. Anyone legally in US, even one in tourist status, can apply for an initial TN by mail, by filing an I-129. This is usually impractical, as I-129 takes months or requires paying extra $1000 for premium processing, but it can and is done.

And while it is not proper enter US as a visitor for the purpose of job searching, there is nothing precluding someone from incidentally finding such a job while vacationing, and then applying for TN for it (either by mail or back at border).

Glad to help.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
Topic author
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: So, you want to move to the States eh?

Post Thu Sep 03, 2009 2:49 pm

And there is nothing precluding a US CBP to deny a TN applicant if they just happened to "incidently find a job" while on vacation. ;)
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: So, you want to move to the States eh?

Post Thu Sep 03, 2009 5:11 pm

Why? I-129 states that one can switch to a working status from B2. And at the border, the person is going to the border from Canada, so their current request is completely legit.

Lets give CBP some credit. they are probaly more like lawsrlaws than you give them credit for. (yeesh, I never thought i'd sy that). :oops:
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
Topic author
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: So, you want to move to the States eh?

Post Fri Sep 04, 2009 4:11 am

And I'm sure lawsrlaws would agree with me, that any time anyone tries to enter the US for *any* reason, it is entirely up to CBP whether or not that person will enter. Doesn't matter what a TN or other visa application says, entry to any foreign country is a priledge, not a right. And if CBP suspects any wrongdoing on the part of the applicant/traveller, they can deny the application.
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: So, you want to move to the States eh?

Post Fri Sep 04, 2009 5:54 am

Finding a job in the US is not wrongdoing. C'mon Reba. You do realize that one is even allowed to go on an sheduled interview while on B2? CBP regularly allows visitors to enter for this -- so finding a job is NOT unlawful or illegal. They simply get assurance from the vistor that that is his only reason for going, and that he is returning to Canada thereafter.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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