I am currently on a TN visa that expires at the end of November 2007 and I was recently approved for an H1-B which doesn't kick in until Sept 27th, 2007. I have been advised that it would not be wise to return to Canada until after the H1-B kicks in as they may not let me back in on the TN if I returned prior to then. This makes no sense to me since the TN is still valid. I had hoped to go home to Canada in late August for a family anniversary but don't want to mess up my work eligibility status. Do you have any info on this? Why would they not let me back in if my TN is still valid and the H1-B, although approved, hasn't kicked in yet?
Thanks,
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david ingram replies:
You have been given excellent advice.
The TN is only valid when you do not intend to stay in the US. The future issuance or even the application for an H1-B or a Green card means that you intend to stay in the US for a period longer than the original TN visa date.
A border person doing his or her job would be fulfiling the job mandate by turning you away when you tried to re-enter in which case you would have to wait for the H1-B to take effect to re-enter for job purposes.
There is a feeling that you can just say that you are entering 'this' time with the intention of staying for less than that year while the application is pending but when it is issued, that would be an obvious stretch of the truth.
We all know people who have successfully negotiated the border in your position and we all know dozens whose lives have been sent into a topsy turvey by being denied entry. Don't chance it unless you want to or are willing to take a vacation from late August to H1-B day.
The Border Guard's job is to keep you out, not allow you in unless you qualify. ATN visa is automatrically at risk when you do anything to indicate an intention to stay more than a year even though a TN can be renewed indefinitely.
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I get a call a week from someone who has lost their TN at the border because of an incorrect business card or more recently, becasue the person is listed on the Company Website in a position that the TN visa was not issued for. The biggest one here is with Maangement Consultant TN Visas.
A Management Consultant is NOT and can NOT be a manager. A management consultant (in Federal US labor definituions a management ANALYST) can only give answers to management. The Management Consultant can NOT be the Personnel manager, or the Head of IT, or the Human Resources manager but tyhey are regularly handed a promotion that is not the purpose of the visa. Then, when crossing the border after a skiing trip to Whistler or a business tip to Montreal, the sharp eyed Border fellow at the airport is looking at his documentation and asks him what he is doing and the fello says 'proudly' that he is the head of Personnel for Microsoft (as an ex - did not happen as far as I know for Microsoft) and the Border Person correctly denies entry to the US.
Of course, sometimes a fellow worker who doesn't like them, turns them in and someone from Homeland Security shows up at the office.
Another one is people with Computer Systems Analyst visas. the whole family will be retrning jhome from a Xmas family reunion in Caanda and the Airport Homeland Security person will ask the 13 year old daughter what daddy does. She pipes up proudly that daddy is a computer programmer at which point a few more questions are asked and the TN visa is pulled because a computer systems analyst can NOT be doing the job of a programmer
Scientific Technicians are another problem because they MUST be working under the direct daily superision of a degreed person in that field. Hoever, all sorts of Canadians entered the US to work on Computer and cell phone installations as Scientific Technicians and then went wandering off by themselves working on installs, etc without seeing a senior degreed engineer supervisor fro days or even weeks at a time.
Hope this helps.
David Ingram wrote:
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It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when i am out of town.
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Therefore, if an email is not answered in 24 to 36 hours, it is lost in space. You can try and resend it but if important, you will have to phone to make an appointment. Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321
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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 for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada.
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no rental
$1,200 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
$1,500 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits no move in or out
$1,600 would be for two people with income from two countries
$2,800 would be all of the above and you moved in and out of the country.
This is just a guideline for US / Canadian returns
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely $450
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to $100.00 each.
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
Capital gains *sales) are likely $50.00 for the first and $20.00 each after that.
Just a guideline not etched in stone.
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or 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 Zimbabwe South Africa Namibia help USA US Income Tax Convention
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