FW: H1B wants to commute and get Canadian citizenship

listen to David Ingram Thursdays on Channel 114 Sirius Radio The Good Life
with Jesse Dylan Daily at 12 noon New York time - david Ingram International
Income Tax expert - real estate IRA's 401(K)
QUESTION: Dear David, Your columns are extremely helpful. Here's my
questions. My wife and I recently became permanent residents of Canada 2
months back, and we live in USA where I work on H1B visa. I am considering a
new job in consulting. My new employer is okay if we move to Toronto and fly
3 days/week to USA on H1B. (1) Will there be any issues to fly and go
through immigrations into USA on H1B without any address in USA and PR in
Canada? (2) Can the employer apply for my US green card without me having a
residence in USA? (3) My intention is to work toward my (and spouse's)
Canadian citizenship in the next 3-4 years as well as get the US green card
through my employer - is that possible? (4) I fear that with my flying 3
days/week I will never complete 3 years of residence rule for citizenship -
how can I get around it? (5) Once I get my US green card, we would move back
to USA to work but I would like to keep my Canadian citizenship where we
want to retire in 10-15 year!
 s - can I keep my Canadian citizenship if I move out of Canada for the next
10 years? Thank you. I would like to call and discuss if this is too
complicated and pay the necessary fees.
david ingram replies:
I have a dozen similar questions and have picked this one to answer.  The
rest will receive a "too many" questions reply. I am going to start limiting
my replies to three a day from the dozen I was trying to answer.  I also
want to make a
Of my last four assistants, one from Sri Lanka had to leave the US because
his H1 visas had run out.  He and his wife and four US born children came to
Canada, got Canadian citizenship and then went back to the US as Canadians
and are now just about there for their US citizenship. As an aside, the 11
year old daughter wrote to the White House and complained about the fact
that her three brothers and sisters and she were all US citizens but that
their parents could not get working visas.  Believe it or not, When
President Clinton was in Vancouver in October 1997 for APEX 97, he had a
private audience with my assistant, his wife and four children.  Good on
bill Clinton for that one.
Another assistant who was born in Canada is in the process of getting
Mexican Citizenship because he wants to live in Mexico and another assistant
from Bombay also left the US because of expired visas, was in Canada long
enough to get Canadian citizenship and three months later was back working
in the US as a Canadian.
It is a common practice to use Canada and Canadian citizenship as a gateway
to the US and I deplore the practice.  I am a supporter of the FORTRESS
NORTH AMERICA concept.  I think that once someone is in Mexico, the US or
Canada, their person should be free to live and work in any of the 30 states
of Mexico, any of the 50 states and District of Columbia in the US and any
of the ten provinces or three territories of Canada.
If we were to adopt the European Union concept of 25 free travel countries,
our own governments would become more efficient and business could expand
exponentially.  The US could take 10,500 agents off the Mexican border and
another 350 off the Canadian Border and Canada and Mexico could use the same
number for more important work.
As it is, the US is considering building a WALL between the US and Mexico.
It is twice as hard to get across the US border from Canada as it was in
1989, the first year of the Free Trade Agreement between Canada and the US.
It is 191 years since Canada was at war with the US in the war of 1812 -
1814.  (The Star Spangled Banner is an account of the British Troops
attacking Baltimore and then Washington itself in 1814 - British Troops
actually burned (seriously scorched) the White House in 1814).
And yet in Europe where the Germans and Italians were fighting and killing
everyone else, one can now drive border free through 25 countries and use
the same currency in 24 of them.
And, although I have not done so, if you get into any one of those countries
as a Canadian or an American, you can drive through them as well with no
customs or immigration controls between the countries of the EU (European
What is wrong with us?
They actually X-Rayed my car going into the US on December 18th when I went
down to get my new (to me) 1987 Jeep Grand Wagoneer off a truck which had
brought it up from Phoenix (Thank you Misty Creek Transport). I was not
alone, they had another 3 private vehicles and 5 tractor trailer trucks in
the line as well. All together, I dealt with THREE US border people and
spent about 45 minutes of my time for something that should have taken one
or two minutes.
Wouldn't those people have been better used protecting North America and
checking cargo and people arriving from Europe where the 9-11 terrorists
actually came from.
The official figure is that thousands of people are walking across
successfully from Mexico.  the figure I saw was that there are 300 a day
from Mexico.  Without these migrant labourers, the US economy would
collapse.  In one Immigration check in the meat packing industry in
Nebraska, they found 8,000 illegals working, hundreds of them Canadians from
the Maritimes.
Lets give free movement of goods AND people under NAFTA.  Get rid of the
professional designations and let anyone cross the borders to work.
You may or may not agree with me - I welcome your feedback.
Now to the question that prompted this outburst at 2:00 AM.
To maintain Canadian PR status you must be in Canada for 3 out of every 5
days - no exceptions.  If you are in Canada for 4 out of 7 days you will
qualify to keep your PR status alive.
To get your Canadian Citizenship, you have to be in Canada for 3 out of 4
years.  4 out of 7 days does not qualify you although you can appeal to the
courts for credit if your intent is obviously to be a Canadian and your
family is in Canada while you are earning foreign green backs and bringing
the money home to Canada.
However, if your US employer is applying for a green card for you at the
same time, I would suggest that this last clause would not work for you.
I would be glad to consult with you individually but have to advise you that
I do not have any privileged communication.  Neither does any member of CSIC
(The Canadian Society of Immigration Consultants).  My suggestion is that
you consult with a competent Immigration lawyer.  If you need a
recommendation, I would be glad to help.
On the other hand, I do not know of anyone better to prepare your US /
Canadian Income Tax returns.  You can send them by email, snail mail, fax or
courier. to the following address.  You should also go to www.centa.com and
read the US/Canada Taxation section in the second box down on the right hand
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
Home office at:
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/>  www.david-ingram.com
Disclaimer:  This question has been answered without detailed information or
consultation and is to be regarded only as general comment.   Nothing in
this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and any
and all non-contractual duties are expressly denied. All readers should
obtain formal advice from a competent and appropriately qualified legal
practitioner or tax specialist in connection with personal or business
affairs such as at www.centa.com <http://www.centa.com> . If you forward
this message, this disclaimer must be included."
Be ALERT,  the world needs more "lerts"
This from "ask an income tax and immigration expert" from www.centa.com
<http://www.centa.com/>  or www.jurock.com <http://www.jurock.com/>  or
www.featureweb.com <http://www.featureweb.com/> . David Ingram deals on a
daily basis with expatriate tax returns with:
multi jurisdictional cross and trans border expatriate problems  for the
United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai,
Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France,
Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia,
Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran,
India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba,
Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK,
GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas,
San Antonio Houston
Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration
Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant
Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax
specialist expert preparer expatriate anti money laundering money seasoning
FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions
Grand Cayman Aruba
Alaska,  Alabama,  Arkansas,  Arizona,
California,  Colorado, Connecticut,
Delaware, District of Columbia,  Florida,
Garland, Georgia,  Hawaii,  Idaho,  Illinois,
Indiana,  Iowa,  Kansas,  Kentucky,
Louisiana,  Maine,  Maryland,
Massachusetts, Michigan, Minnesota,
Mississippi,  Missouri,  Montana,  Nebraska,
Nevada, New Hampshire,  New Jersey,
New Mexico, New York, North Carolina,
North Dakota,  Ohio,  Oklahoma,  Oregon.
Pennsylvania,  Rhode Island,  Rockwall,
South Carolina, South Dakota, Tennessee,
Texas,  Utah, Vermont,  Virginia,
West Virginia, Wisconsin, Wyoming,
British Columbia, Alberta, Saskatchewan,
Manitoba, Ontario, Quebec City,
New Brunswick, Prince Edward Island,
Nova Scotia, Newfoundland, Yukon and
Northwest and Nunavit Territories,
Mount Vernon, Eumenclaw, Coos Bay
and Dallas Houston Rockwall Garland
Texas  Taxman and Tax Guru  and wizzard
wizard - consultant - expert - advisor -advisors consultants - gurus - Paris
Prague Moscow Berlin
Lima Rio de Janeiro, Santaigo
New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia,
Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers,
Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay,
Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton,
Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego,
Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa,
Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham,
Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence,
Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince
Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon,
Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers,   Berlin,
Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing,
Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds,
Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson,
Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh,
Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo,
Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto,
Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish,
Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton,
Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia,
Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St
James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears,
Truro, Charlottetown, Summerside, Niagara Falls, Albany STAR WARS
international non-resident cross border income tax expert preparation &
immigration consultant david ingram, experts on rentals mutual funds RRSP
RESP IRA 401(K) & divorce preparer preparers consultants


Trackback URL for this entry: http://www.centa.com/trackback.php/UsCaWeekofMon20051226002259.html

No trackback comments for this entry.