TD visa & CDN employment

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wiltonNew Member
Topic author
Posts: 1
Joined: 20 Dec 2007
Location: Connecticut

TD visa & CDN employment

Post Thu Dec 20, 2007 8:28 am

I have recently moved to the US on a TD visa. I am in the marketing field and my CDN employer wants me to continue working for them on a remote basis as a consultant(they have no offices in the US). I am assuming 'no employment' restriction does not apply to CDN employment, but need to be sure. Also, will there be any issues if I get paid in US dollars - I will of course report these on my taxes as foreign employment.
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Reba

Post Fri Dec 21, 2007 5:03 am

If you are on US soil and working, then you need to have a US work permit, even if you are working remotely for a Canadian company. At least, that's what I have been told by US CBP and immigration officers.
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Mon Jan 07, 2008 3:34 pm

You can file for a change of status from TD to TN or go back to Canada and get a TN, assuming you qualify.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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wesnoppersNew Member
Posts: 1
Joined: 15 Sep 2008
Location: Edmonton, Alberta

Post Mon Sep 15, 2008 2:47 pm

Is it not illegal to seek employment on TD status while on US soil? Does the TN offer not have to come while you are on Canadian Soil?
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Mon Sep 15, 2008 10:33 pm

Pretty much.
Steve.
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tedeversonNew Member
Posts: 6
Joined: 5 Nov 2008

Post Wed Nov 05, 2008 8:47 am

Christopher G. Rizzo, Esq wrote:You can file for a change of status from TD to TN or go back to Canada and get a TN, assuming you qualify.


Does this mean that, if you have TN status and live and work in the US, it is legal to do freelance/consulting work for Canadian companies while residing in the US? This is my situation--I'm in the US on TN status but I'd like to do some freelance work remotely, for a Canadian company.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Wed Nov 05, 2008 10:41 am

No, you can only work in the US for whatever your status was approved for. The fact the company is in Canada makes no difference, it's where the work is performed that matters.

Unfortunately the law hasn't caught up with technology.
Steve.
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