Hi All,
After completing my six years on H1 B , I just moved to Vancouver in May . I had received my Canada PR a year ago, but had just completed the formalities in Toronto and went back to US.
Now, when I told my company that I am moving to Canada since my visa was expiring, they gave me an option to work from home sitting here in Vancouver.
Ofcourse, I am in IT and am a Project Manager with this company so my duties are primarily coordination. So, it does n't really matter where I am working from. Moreover since I am Vancouver , it is in the same time zone PST as my company. My client also did not have any problem in me working from home as I have been with them for the last 4 years now.
Now, my company wants me to visit US on a need basis to attend business meetings. I have take an appointment at US Consulate in Vancouver for June 14th for an interview for a B1 , but am a bit nervous now whether they will approve it as I haven't well establised my ties here. I have been here in Vancouver only for a month now.
1) Can any of you help me with this who have gone through the same situation ?
2) If any of you have a similar experience of working from home for a US company which does not have an office in Canada how were you dealing with it? Right now, I have asked them to deposit my salary to my Canada Bank account after deducting the Canada taxes. Will it be better to do it through registering a Incorporated and channeling the salary thru that ? any advise.
Thanks a lot in advance,
Regards,
Sunil George
Location: Western Hemisphere
Posted on: 31-05-06 10:49:42
If your US company is paying you the salary, then aren't you on US payroll and hence employed in the US? If so, what is your legal status going to be in the US?
I don't think it matters where you deposit the salary or where you pay the taxes. The consulate is going to ask your employment details and you will have to discuss your US employment that still is continuing even if you do not live in the US.
So, again, the question will be on what legal basis are you deriving payroll from a US company - H1? L1? B1?, etc.
Please think about the above. Hope this helps.
You may be able to incorporate as a Cdn individual and the US company pay your corporation. However, can you do that before your visa appt? I am not the expert on this, so not sure.
Quote:
Originally posted by sunilgeorge
Hi All,
After completing my six years on H1 B , I just moved to Vancouver in May . I had received my Canada PR a year ago, but had just completed the formalities in Toronto and went back to US.
Now, when I told my company that I am moving to Canada since my visa was expiring, they gave me an option to work from home sitting here in Vancouver.
Ofcourse, I am in IT and am a Project Manager with this company so my duties are primarily coordination. So, it does n't really matter where I am working from. Moreover since I am Vancouver , it is in the same time zone PST as my company. My client also did not have any problem in me working from home as I have been with them for the last 4 years now.
Now, my company wants me to visit US on a need basis to attend business meetings. I have take an appointment at US Consulate in Vancouver for June 14th for an interview for a B1 , but am a bit nervous now whether they will approve it as I haven't well establised my ties here. I have been here in Vancouver only for a month now.
1) Can any of you help me with this who have gone through the same situation ?
2) If any of you have a similar experience of working from home for a US company which does not have an office in Canada how were you dealing with it? Right now, I have asked them to deposit my salary to my Canada Bank account after deducting the Canada taxes. Will it be better to do it through registering a Incorporated and channeling the salary thru that ? any advise.
Thanks a lot in advance,
Regards,
Sunil George
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Dimple2001
Thank you, Dimple. You have a point here. I think it will be safer to cancel the appointment, get the Incorporation registered and then try again.
Or if I apply for B1 purely for personal reasons, say I still have lot of things there that needs to be shipped here. Will that be a problem ?
Regards
Sunil George
I don't think (I am not an expert and you may choose to contact lawyer) that your US company can deduct canadian taxes, if they don't have any office here. In such a case you should work as a "consultant" instead of employee of your US company.
If possible delay your Visa interview date (If you don't have to go to US immediately).
For your Visa, you need to show your employment status, income, etc. Please don't forget to bring your pay slips for as many months (even US one) as you can.
Please check your message.
Quote:
Originally posted by sunilgeorge
Hi All,
After completing my six years on H1 B , I just moved to Vancouver in May . I had received my Canada PR a year ago, but had just completed the formalities in Toronto and went back to US.
Now, when I told my company that I am moving to Canada since my visa was expiring, they gave me an option to work from home sitting here in Vancouver.
Ofcourse, I am in IT and am a Project Manager with this company so my duties are primarily coordination. So, it does n't really matter where I am working from. Moreover since I am Vancouver , it is in the same time zone PST as my company. My client also did not have any problem in me working from home as I have been with them for the last 4 years now.
Now, my company wants me to visit US on a need basis to attend business meetings. I have take an appointment at US Consulate in Vancouver for June 14th for an interview for a B1 , but am a bit nervous now whether they will approve it as I haven't well establised my ties here. I have been here in Vancouver only for a month now.
1) Can any of you help me with this who have gone through the same situation ?
2) If any of you have a similar experience of working from home for a US company which does not have an office in Canada how were you dealing with it? Right now, I have asked them to deposit my salary to my Canada Bank account after deducting the Canada taxes. Will it be better to do it through registering a Incorporated and channeling the salary thru that ? any advise.
Thanks a lot in advance,
Regards,
Sunil George
Location: Western Hemisphere
Posted on: 31-05-06 14:10:12
Quote:
Originally posted by sunilgeorge
Thank you, Dimple. You have a point here. I think it will be safer to cancel the appointment, get the Incorporation registered and then try again.
Or if I apply for B1 purely for personal reasons, say I still have lot of things there that needs to be shipped here. Will that be a problem ?
Regards
Sunil George
You can apply for B1. However, you may not be able to discuss your US employment with the consulate for the reasons already discussed and that would leave you with no employment.
While the consulate might consider your prior stay in the US as a favourable factor (meaning you may not be a security threat and so on), they may also consider your very short term residence in Canada as an unfavourable factor as you may not have established sufficient ties to your "home country" (Canada).
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Dimple2001
Thank you Dimple and Ash for your valuable advice. I am plannin to meet a charterred account tomorrow to see what it takes to start a company here, how long will the whole process would take and stuff. I heardit can be completed in 3/4 weeks time.
And am looking around for an immigration lawyer as well to get advice on B1 visa.
Regards,
Sunil George
