UK Citizen with a job offer from a us company

jubly
New Member



Joined: 21 Sep 2008
Posts: 1

Posted: Sun Sep 21, 2008 7:31 pm

 

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Hi,

Hoping someone can help me out with an answer: I am a UK citizen, with a job offer from a US company. I would be based in Montreal with frequent travel to the US. I have been in the US for a long time and my 6 year H1-B is about to expire, so i would need to be paid in Canada. Is this possible from an immigration standpoint?

Thanks

Phil

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Sun Sep 21, 2008 8:16 pm

 

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You wouldn't be able to work in the US unless you're a Canadian citizen and can get TN-1, either that or some other type of work authorization. If you stay in Canada for a year working there for the same company you would qualify for L-1B (maybe).

And of course you would need work authorization in Canada as well.

I don't even think B-1 would help you much because B-1 is a tighter category for nationals of countries other than Canada, there are things Canadian citizens are allowed to do under NAFTA in B-1 status that citizens of other countries can't do.

Basically you would be limited to business meetings and some related things like that, do a web search on B-1 visa.

I'm not sure if you're working for the same company that did your H-1B, but surely by now if they still want you to work for them they could sponsor you for permanent residency on an I-140? Not necessarily a quick process but I have to say this scenario sounds a bit silly.

Québec also has its own immigration rules which makes it even more complex to do this.

First of all though you need to get the employer in Québec to get the labour certification done with Human Resources Canada so you can get a Canadian work permit.

Also the tax situation could be complex. If you work for a Canadian employer and spend less than 90 days in the US and earn less than $10,000 while in the US, it's relatively straightforward but if you spend lots of time in the US or earn over that limit you have to file tax returns in the US and Canada and tax has to be paid proportionately.

If you're currently filing a 1040 (as opposed to 1040NR) in the US every year you have to move your tax home to Canada which is somewhat complex, then file as a resident in Canada and file as a non-resident in the US.
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Steve.

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