QUESTION: I am a Canadian permanent resident going take the citizenship oath
in about two months. I work for a Canadian company in Alberta. My husband
lives in the US and I plan to move there. My company is willing to allow me
to work from home while I am with my husband. I already got my H4 visa. I am
not getting transferred to the US and so I think the L1 is not the visa for
me. Which visa can I work on when living in the US? I understand the B1 is
for business and might work in my case. And when I become a Canadian, will I
need a visa at all. Thanks!
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david ingram replies:
If your company had a branch in the USA, an L1 would make sense to transfer
you.
If there is no branch in the USA and you are telecommuting, there does not
seem to be any problem. You are clearly NOT taking a job away from a US
worker.
However, if there "happens" to be a branch of your company in the city you
are living in, you will find it hard to avoid that branch. There will be a
temptation for your company to have you "drop in", etc. This is a "NO NO"
without a US working visa.
So, Be careful.
The B1 is not a visa for you. The B1 applies to Canadians who are doing
some temporary work in the USA for a Canadian company while continuing to
work in Canada. The work would usually be something like auditing the books
of a company, supervising a Canadian owned construction site, supervising a
combining team, selling a Canadian Made product to a US commercial supplier.
The terms of a B1 are that you are still living and working in Canada and
visiting the USA for a project of a day or a week or a month. It does NOT
cover your "working" in the US.
If you are a professional person, you might qualify for a TN for which you
need to be a Canadian citizen and will only qualify after becoming a
citizen.
The good news is that if your husband is a Canadian PR as well, his PR card
remains in effect if you are living with him as a Canadian citizen.
Otherwise, he would lose it after living in the USA for three years because
a PR has to live in Canada for a clear 24 out of 60 months.
GOTO www.centa.com and read the whole section called "Entering the US" which
you can find in the second box down on the right hand side of the home page.
Answers to this and other similar questions can be obtained free on Air
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