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Consulting for a US company from Canada

Consulting for a US company from Canada

Old Jan 6th 2011, 5:15 pm
  #16  
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Default Re: Consulting for a US company from Canada

That is a different scenario in my opinion.

The OP will be a contractual employee of a US firm even though he is living outside of the US in Canada. As such his pay comes from the US. He goes to the US to "work" for the company that pays him. The US Company does not have a Canadian office that the Canadian PR is working for so his travels across the border is not indicative, tmwot, as just going for a non-paid consultation but rather going to consult with pay for a US only based company.
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Old Jan 6th 2011, 6:04 pm
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Default Re: Consulting for a US company from Canada

But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.

There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.

Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
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Old Jan 6th 2011, 6:06 pm
  #18  
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Default Re: Consulting for a US company from Canada

Originally Posted by Rete View Post
They do NOT have more leeway. They are allowed more time in the US on one visit, i.e. instead of the 90 days under the VWP, they are allowed up to 6 months. BTW there is no VWP from Canada.

However, you are not Canadian.
Canadian citizens do not have to obtain an ESTA, but other nationals do.
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Old Jan 6th 2011, 6:09 pm
  #19  
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Default Re: Consulting for a US company from Canada

Originally Posted by niuniu View Post
But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.

There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.

Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
That pretty much describes the Canadians I met who worked for Oracle. They came in every month or so for a few days. They worked in Canada.
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Old Jan 6th 2011, 6:43 pm
  #20  
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Default Re: Consulting for a US company from Canada

You should bring a letter of invitation/introduction to describe the business activities, if the activity is allowed. If it's not allowed then you should stay in Canada until you get the H1B.

Believe it or not, Canadians do not appear to be limited to six months unless they are issued an I-94 to a specific date. There is public information all over the place stating that they get six months, but I can't seem to find it anywhere in the CFR. If anyone can find it in the regulations, please post a link.

It can be said that the limit is a year because the CFR limits B1/B2 to a max of a year and Canadians get an I-94 for everything else.

Canadians admitted without an I-94 also enjoy the same 9B 3/10 yr bar loophole as an F-1 D/S. However, if encountered out of status within the US (working, living, in more than a year etc) they can be placed into removal proceedings just like anyone else.

Many Canadians will keep it under 6 months because of their Canadian national health care system.
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Old Jan 6th 2011, 6:52 pm
  #21  
 
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Default Re: Consulting for a US company from Canada

Originally Posted by niuniu View Post
But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.

There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.

Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
You are authorized to work in Canada.

When you come to the United States, you need work authorization for the US. I don't see what difference you being a 'contractor' is (and you should be sure you understand what that is under US tax law).

It reads as if your story is conforming to what will make people here say 'yes'. Understand that we will not be admitting you. You should take independent legal advice and then go follow it privately.
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Old Jan 6th 2011, 8:26 pm
  #22  
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Default Re: Consulting for a US company from Canada

Originally Posted by niuniu View Post
Canadian citizens do not have to obtain an ESTA, but other nationals do.

And that's a leeway? You now have to have a Canadian passport to enter the US from Canada if you are a Canadian which was something you didn't need before. Photo identification was all that was required.

So Canadians don't have to go on-line and complete a simple form. They still are restricted as to what they can buy and bring back to Canada in terms of product and amount spent before they have to pay customs' charges.

BTW I'm married to a Canadian and my in-laws still all live and work in Quebec, Ontario and Nova Scotia so it is not like I'm talking off the top of my head.

I still think that your situation is different because the US company does not have a Canadian office such as Oracle had for the people that boiler knows.
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Old Jan 6th 2011, 8:46 pm
  #23  
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Default Re: Consulting for a US company from Canada

So then it boils down to this - if I pop into the US for a few hours for a 1 hour meeting every few weeks, that is considered working.
What if I go to Seattle for a personal trip, visit friends, do some shopping and happen to visit the company for an hour or two during all of that?

Last edited by niuniu; Jan 6th 2011 at 9:33 pm.
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Old Jan 6th 2011, 9:01 pm
  #24  
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Default Re: Consulting for a US company from Canada

Originally Posted by Rete View Post
I still think that your situation is different because the US company does not have a Canadian office such as Oracle had for the people that boiler knows.
I do not know how they were paid, I met them socially and not something you asked.

I do know they worked for the Colorado operation, they were one of the team my wife worked for, but worked remotely as did quite a few, in this case Canada.
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Old Jan 6th 2011, 9:14 pm
  #25  
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Default Re: Consulting for a US company from Canada

Originally Posted by niuniu View Post
So then it boils down to this - if I pop into the US for a few hours for a 1 hour meeting every few weeks, that is considered working.

that's my take on it. the company has an immigration attorney on retainer since they are going for an H-1B for you. Have them or you inquire of the attorney what their thoughts are on this matter.
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Old Jan 6th 2011, 9:33 pm
  #26  
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Default Re: Consulting for a US company from Canada

Originally Posted by niuniu View Post
Canadian citizens do not have to obtain an ESTA, but other nationals do.
Nobody who lives in Canada and plans to drive to the US needs an ESTA. That includes UK, France, Japan, S. Korea, Germany etc.

Canadians get a break on certain entry documents but if they need work authorization they need work authorization.

There is also some drawbacks for Canadians vs. VWP people. If they deny entry to a Canadian, the border guards can order the Canadian removed on the spot for 5 years or longer. A VWP applicant would normally be VWP refused and not have that particular bar (even though other bars can apply).
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