Entering the USA as a Consultant

[idebn]

Hello:

I was employed on an H-1B visa for three years prior to being laid off in Nov 2009.

A US employer (Industry: Financial Services) is interested in hiring me as a consultant.

As a Canadian citizen, does a TN1 visa provide an easier path to re-entry or should I ask the employer to sponsor me on an H-1B? I am hesitant to insist on the H-1B given the costs associated with the process.

Thanks in advance.

 

[Concerned4us]

"Consultant" implies two different scenarios. Typically, one would work on a 1099 rather than as a W-2 employee. You may not work as a 1099 employee on H1B.

The other is the current employed by a staffing firm and placed at a client location; one would be a W-2 employee of the staffing firm. The supervisory relationship of this arrangement is important.

If you are to be employed as a "consultant" in the traditional (not guest worker employed by a company) work on your own manner, you need another approach.

I suggest that you meet with an immigration attorney with the specifics of your proposed contract with the employer to determine which type of "consultant" you are. You should certainly pursue special opportunities available to you via NAFTA.

 

[ginnu]

Hello:

I was employed on an H-1B visa for three years prior to being laid off in Nov 2009.
-------------- You are not on H1 status and your H1 petition may be revoked by US employer and you may not enter US on H1 status.
A US employer (Industry: Financial Services) is interested in hiring me as a consultant.

As a Canadian citizen, does a TN1 visa provide an easier path to re-entry or should I ask the employer to sponsor me on an H-1B? I am hesitant to insist on the H-1B given the costs associated with the process.

Thanks in advance.

--------- I am not expert with TN visa Let the US employer file H1 for you and once gets approved enter Us on H1 status and can work with US employer. If you are working from Canada for US employer you dont need H1 for US as you will be working from Canada.