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Can I work for two companies ?

Discussion in 'TN Status' started by z258_14, Apr 9, 2012.

  1. z258_14

    z258_14 Registered Users (C)

    Hi experts,

    I am a Canadian citizen, currently working on TN for Company A. This company has also started the paperwork for H-1b as well as PERM (I know H-1b wasn't required for GC but they are paying the fees and prefer it that way).

    When I was in Canada, I have been doing some contract work for Company B (also American). To them, I was a Sole Proprietorship on contract and they did not need to apply for any US Visa for me for doing the job.

    Now Company B has asked me to do more project-based tasks for them and they prefer to continue it the same way as before.

    My questions are

    1. Is it possible that I continue sending invoices from my Canadian company (Sole Proprietorship) ? Please notice that I am living in US and working for Company A.
    2. If 1 cannot be done, what is the easiest way to do this, what type of Visa ?
    3. When I get H-1b through Company A, is there anyway to continue this (assuming there is a workaround to accomplish 2) ?

    Thank you very much in advance,
  2. BigJoe5

    BigJoe5 Registered Users (C)

    You can work for more than one "employer" with simultaneous H1-Bs (each employer must file an I-129). Acting as an independent contractor to one company would not work.

    Alternately, staying a TN also allows this flexibility and you would not have to be a true "employee" for the 2nd company.

    You cannot have two different classifications at the same time.

    See a lawyer.
  3. z258_14

    z258_14 Registered Users (C)

    Thanks a lot BigJoe5 for the answer. Two more questions to confirm:

    1. So the way that I understand from your answer, they cannot pay my Canadian company, is that right ? This is their/my preferred solution as I do not need any Visa. I might be mistaken though.
    2. Am I eligible to get a TN for doing contract work (as long as the nature of the work is among valid TN jobs) ?

    Thanks a lot in advance,
  4. nelsona

    nelsona Registered Users (C)

    I think you are misunderstanding. It doesn't matter how you are paid, the problem is that now you are in the US, when before you were not,

    As such, you are now performing work for a US company on US soil, thus you need work authorization.

    That will require either TWO TNs, or TWO H1-Bs. As Jo pointed out, your 2 H1-bs would have to be as an employee. Your 2 TNs could be either.

    So, if you get an H1 for firm A, then you work firm B only as an H1 employee . If you remain a TN, you can become either a contractor or an employer, but will need the second TN.

    The manner in which you are paid as a contractor has no bearing on TN, but it is completel forbidden on h1.
  5. z258_14

    z258_14 Registered Users (C)

    Thanks a lot nelsona, I got the answers to my questions.

    Best of luck,

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