H1B approved FY2009 - TN Status Expiration

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adityad9

Registered Users (C)
My H1B is approved for FY 2009 (Got lucky in the lottery). My TN is expiring on 09/16/2008. I'll be leaving US on 09/16. I am thinking of working remotely from Canada between 09/16 to 10/01. Please let me know whether it's legal to work remotely. Also my wife is an Indian citizen and she needs a visa stamp. Can she get a visa stamp with my H1B documents and marriage certificate? Do I need to get my H1B activated at POE before my wife's visa stamping?
Appreciate your responses.
 
adityad9 said:
My H1B is approved for FY 2009 (Got lucky in the lottery). My TN is expiring on 09/16/2008. I'll be leaving US on 09/16. I am thinking of working remotely from Canada between 09/16 to 10/01. Please let me know whether it's legal to work remotely. Also my wife is an Indian citizen and she needs a visa stamp. Can she get a visa stamp with my H1B documents and marriage certificate? Do I need to get my H1B activated at POE before my wife's visa stamping?
Appreciate your responses.
Click to expand...

Can only answer one part which is working remotely.
Yes you can work remotely with no problem, but will be subject to 25% tax as non-resident if you are non-resident. if not still you will be obligated to file Canadian tax return.
but that's a separate tax issue.

come on man, take 14 days vacation and save yourself for all this headache.
 
Shyboy said:
Yes you can work remotely with no problem, but will be subject to 25% tax as non-resident if you are non-resident.
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If he's only going to be out of the US for 14 days or so, he'll clearly meet SPT and therefore be a resident for the entire tax year.
 
Thanks Shyboy and Real Canadian for your responses. I am thinking of finishing all the visa formalities before taking the vacation. If I take a vacation outside NA then I presume that my
H1B should be activated at Canadian POE. Not sure whether I can land in US from Asia and activate my H1B after my vacation.
 
With an approved H1 (and no need for Visa as a Cdn) you can enter US anywhere after Oct 01.

So, can your wife, with H4 visa. She can get H4 Visa before your H1 takes effect. Otherwise spouse would never be able to accompany their spouses when starting H1.
Check with Consulate where you will be making appointment to find out how much earlier she can get the Visa.
 
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adityad9 said:
Thanks Shyboy and Real Canadian for your responses. I am thinking of finishing all the visa formalities before taking the vacation. If I take a vacation outside NA then I presume that my
H1B should be activated at Canadian POE. Not sure whether I can land in US from Asia and activate my H1B after my vacation.
Click to expand...

There is no need to activate the H1B for your wife's H4 - it has no relevance to getting the consular visa for your wife. She can get it anytime as long as you have the valid H1 I-797. The start and end dates (of H4) will be the same as your H1 dates.

You can activate your H1 at any border or the POE airport.
 
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