E3 for permanent resident in Canada
Jan 10th 2006, 4:25 pm
#1
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Thread Starter
Joined: Jan 2006
Posts: 7
E3 for permanent resident in Canada
Hi
I have been reading all of the E3 posts and I will be attending my interview in Calgary next week. I'm looking for some comments on my situation, and if anyone thinks I will have any problems.
I am an Australian citizen and a current Canadian permanent resident (via marriage). I moved here in September 2004.
Although I reside in Edmonton, I work for an Australian company. I work from my home doing IT Help Desk for a specialised accounting package for the timber industry, which includes testing the product and creating training guides. I get paid into my Australian bank account and transfer funds over here.
The company has created a branch in the US and now wants me to work for it. They have already sold the software to a couple of clients and plan on making many more sales once I can start working for them. The branch is not a branch, per Se, there are no legal links between the two companies, so I could not do a L1. We had started discussing a H1 when the E3 preliminary notifications came through so we did not head down that path.
I do not have a Bachelors degree (I have a community college or TAFE diploma in Accounting), so my specialty occupation is a knowledge of the product. Being a specialty product there are no skills with this product in the US - hence the need for me to work with the US company.
Does anyone think I will have any problems?
I will continue to reside in Canada but will perform my tasks for the US company and get paid by the US company. I will also travel to US sites to do training.
Thanks. I appreciate any guidance.
Sally
I have been reading all of the E3 posts and I will be attending my interview in Calgary next week. I'm looking for some comments on my situation, and if anyone thinks I will have any problems.
I am an Australian citizen and a current Canadian permanent resident (via marriage). I moved here in September 2004.
Although I reside in Edmonton, I work for an Australian company. I work from my home doing IT Help Desk for a specialised accounting package for the timber industry, which includes testing the product and creating training guides. I get paid into my Australian bank account and transfer funds over here.
The company has created a branch in the US and now wants me to work for it. They have already sold the software to a couple of clients and plan on making many more sales once I can start working for them. The branch is not a branch, per Se, there are no legal links between the two companies, so I could not do a L1. We had started discussing a H1 when the E3 preliminary notifications came through so we did not head down that path.
I do not have a Bachelors degree (I have a community college or TAFE diploma in Accounting), so my specialty occupation is a knowledge of the product. Being a specialty product there are no skills with this product in the US - hence the need for me to work with the US company.
Does anyone think I will have any problems?
I will continue to reside in Canada but will perform my tasks for the US company and get paid by the US company. I will also travel to US sites to do training.
Thanks. I appreciate any guidance.
Sally
Jan 11th 2006, 2:58 pm
#2
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Thread Starter
Joined: Jan 2006
Posts: 7
Re: E3 for permanent resident in Canada
Darn. No replies. That means no one has experience with this particular example and I will be a first. I'll let you know how it goes. I guess my biggest concern after following the posts here is the 'proof of ties in Australia'. I wonder if 'proof of ties in another Country that is not the US' will suffice.
Sal
Sal
Jan 11th 2006, 7:44 pm
#3
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Posts: n/a
Re: E3 for permanent resident in Canada
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As long as you are going to just visit the USA temporarily to conduct your
training courses, a business visitor's visa (B-1) would be appropriate.
Since you are Australian citizen, you can use the visa waiver; Australians
do not need a visa for business or tourist visits. You should *not* get
paid by the US company for this.
If you need to work there permanently, you may be able to substitute your
professional experience for a degree; you will need 12 years of experience.
This would allow you to get an H-1B or an E-3. You might also qualify for
an E-2 based on trade with the Australian company, but I don't really know
too much about that.
sallyj wrote:
>
> Hi
>
> I have been reading all of the E3 posts and I will be attending my
> interview in Calgary next week. I'm looking for some comments on my
> situation, and if anyone thinks I will have any problems.
>
> I am an Australian citizen and a current Canadian permanent resident
> (via marriage). I moved here in September 2004.
>
> Although I reside in Edmonton, I work for an Australian company. I work
> from my home doing IT Help Desk for a specialised accounting package for
> the timber industry, which includes testing the product and creating
> training guides. I get paid into my Australian bank account and transfer
> funds over here.
>
> The company has created a branch in the US and now wants me to work for
> it. They have already sold the software to a couple of clients and plan
> on making many more sales once I can start working for them. The branch
> is not a branch, per Se, there are no legal links between the two
> companies, so I could not do a L1. We had started discussing a H1 when
> the E3 preliminary notifications came through so we did not head down
> that path.
>
> I do not have a Bachelors degree (I have a community college or TAFE
> diploma in Accounting), so my specialty occupation is a knowledge of the
> product. Being a specialty product there are no skills with this
> product in the US - hence the need for me to work with the US company.
>
> Does anyone think I will have any problems?
>
> I will continue to reside in Canada but will perform my tasks for the US
> company and get paid by the US company. I will also travel to US sites
> to do training.
>
> Thanks. I appreciate any guidance.
>
> Sally
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
As long as you are going to just visit the USA temporarily to conduct your
training courses, a business visitor's visa (B-1) would be appropriate.
Since you are Australian citizen, you can use the visa waiver; Australians
do not need a visa for business or tourist visits. You should *not* get
paid by the US company for this.
If you need to work there permanently, you may be able to substitute your
professional experience for a degree; you will need 12 years of experience.
This would allow you to get an H-1B or an E-3. You might also qualify for
an E-2 based on trade with the Australian company, but I don't really know
too much about that.
sallyj wrote:
>
> Hi
>
> I have been reading all of the E3 posts and I will be attending my
> interview in Calgary next week. I'm looking for some comments on my
> situation, and if anyone thinks I will have any problems.
>
> I am an Australian citizen and a current Canadian permanent resident
> (via marriage). I moved here in September 2004.
>
> Although I reside in Edmonton, I work for an Australian company. I work
> from my home doing IT Help Desk for a specialised accounting package for
> the timber industry, which includes testing the product and creating
> training guides. I get paid into my Australian bank account and transfer
> funds over here.
>
> The company has created a branch in the US and now wants me to work for
> it. They have already sold the software to a couple of clients and plan
> on making many more sales once I can start working for them. The branch
> is not a branch, per Se, there are no legal links between the two
> companies, so I could not do a L1. We had started discussing a H1 when
> the E3 preliminary notifications came through so we did not head down
> that path.
>
> I do not have a Bachelors degree (I have a community college or TAFE
> diploma in Accounting), so my specialty occupation is a knowledge of the
> product. Being a specialty product there are no skills with this
> product in the US - hence the need for me to work with the US company.
>
> Does anyone think I will have any problems?
>
> I will continue to reside in Canada but will perform my tasks for the US
> company and get paid by the US company. I will also travel to US sites
> to do training.
>
> Thanks. I appreciate any guidance.
>
> Sally
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Version: GnuPG v1.4.0 (GNU/Linux)
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LPzPUavA0TiziLhv6jAaiss=
=Wwqd
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Jan 13th 2006, 9:20 pm
#4
Just Joined
Thread Starter
Joined: Jan 2006
Posts: 7
Re: E3 for permanent resident in Canada
Ok, I've got everything organised for my E3 interview next week.
Approved LCA
Letter of Offer
Job Description
Oz Bank Statements
Canada Bank Statements
Employment Confirmation from current employer
Education Documents
New E-passport with Chip embedded
$100US
DS-156 filled out and printed
Hope all goes well. My prospective employer already has a client ready for some training with me.
Sal
Approved LCA
Letter of Offer
Job Description
Oz Bank Statements
Canada Bank Statements
Employment Confirmation from current employer
Education Documents
New E-passport with Chip embedded
$100US
DS-156 filled out and printed
Hope all goes well. My prospective employer already has a client ready for some training with me.
Sal
Jan 19th 2006, 4:07 pm
#5
Just Joined
Thread Starter
Joined: Jan 2006
Posts: 7
E3 Approved.
All done. I am so happy. E3 visa approved and now embedded in Australian passport. Approval received in Calgary, all in one day. No questions about proof of ties. Just questions about financial viability (showed bank statements) and some questions about where I currently work and what type of tasks I will be doing once I arrive in the US. My new employer was ecstatic and I start Jan 31. Yahoooo!!
Jan 20th 2006, 1:13 am
#6
Retired
Joined: Apr 2004
Posts: 34,649
Re: E3 Approved.
Originally Posted by sallyj
All done. I am so happy. E3 visa approved and now embedded in Australian passport. Approval received in Calgary, all in one day. No questions about proof of ties. Just questions about financial viability (showed bank statements) and some questions about where I currently work and what type of tasks I will be doing once I arrive in the US. My new employer was ecstatic and I start Jan 31. Yahoooo!!
Be aware your days spent working in the U.S. will not count either for the purpose of retaining Canadian permanent resident status, or becoming a Canadian citizen.
Another factor you may want to look into is whether you will become tax resident in the U.S.
How much time each year do you plan to spend in the U.S.?
Jeremy
Jan 20th 2006, 2:18 am
#7
Forum Regular
Joined: Dec 2005
Location: Snoqualmie, WA, USA
Posts: 215
Re: E3 Approved.
Originally Posted by sallyj
All done. I am so happy. E3 visa approved and now embedded in Australian passport. Approval received in Calgary, all in one day. No questions about proof of ties. Just questions about financial viability (showed bank statements) and some questions about where I currently work and what type of tasks I will be doing once I arrive in the US. My new employer was ecstatic and I start Jan 31. Yahoooo!!
Congrats.. good to hear this.. I am curretly in Australia.. and got job offer from a US company.. they will be applying for my E3 but I have no parents living with me in australia.. and I dont own a place.. How much money do we have to show in the bank.. does anyone have an idea.. I have been working for 8 months now is Australia after my studies and dont have that much saved
congrats again..
Jan 20th 2006, 4:10 am
#8
Just Joined
Thread Starter
Joined: Jan 2006
Posts: 7
Re: E3 Approved.
Originally Posted by JAJ
Be aware your days spent working in the U.S. will not count either for the purpose of retaining Canadian permanent resident status, or becoming a Canadian citizen.
Another factor you may want to look into is whether you will become tax resident in the U.S.
How much time each year do you plan to spend in the U.S.?
Jeremy
Another factor you may want to look into is whether you will become tax resident in the U.S.
How much time each year do you plan to spend in the U.S.?
Jeremy
Hopefully I will be able to find a good tax accountant to assist with Oz/Canadian/US tax issues who will be able to advise the correct process for me.
I have been in Canada two years so far and I understand the perm res rules are that you have to be in Canada 2.5 years in 5 - i.e. you cannot be out of the country for more than 2 1/2 years (not necessarily consistently) - can you confirm this? Therefore if I stay away two years with the E3 I should be fine (although I went to Oz for 2 months last year so I have to be careful with those days also).
Sally
Jan 21st 2006, 2:15 am
#9
Retired
Joined: Apr 2004
Posts: 34,649
Re: E3 Approved.
I have been in Canada two years so far and I understand the perm res rules are that you have to be in Canada 2.5 years in 5 - i.e. you cannot be out of the country for more than 2 1/2 years (not necessarily consistently) - can you confirm this? Therefore if I stay away two years with the E3 I should be fine (although I went to Oz for 2 months last year so I have to be careful with those days also).
Sally
Sally
Read the rules for keeping permanent residence here:
http://www.cic.gc.ca/english/newcomer/res-oblig.html
Will your spouse be accompanying you to the U.S.?
Rules for Canadian *citizenship* are different and if you spend 2 years in the UK, then under current rules, you'll need to re-start the 3 year waiting period when you return to Canada. Citizenship rules are also explained on the CIC website.
Jeremy
