Question for H1B people who work from home and travel overseas

A

ATT75

Registered Users (C)
Hi,

Sorry this is a repost to see if I can attract more responses. I hope you dont mind!

I'm hoping you can help me. I am a H1B (from Australia) and just came back from interview with a Canadian company. The company is based in Toronto but requires that I live, work and provide support for their clients and travel through out the USA. They will pay in US dollars, 401K, PPO US health system. BUT this work also required that I travel to Toronto on a regular basis for training and meetings.

My question is:

1) Do I need an American AND a Canadian Visa?

2) Company of interest DOES NOT have an office or entity in the USA at all. So I cant get my H1B through their USA office since it doesnt exist!

3) They have PO BOX for mail but that's it. Can a PO BOX address act as an entity for them?

4) The bulk of my work would also be done at home so I will be working from a HOME OFFICE which they provide funds for ie phone line, DSL, laptop, fax etc.

So can we use my HOME address to act as an office for the company and in this case can we get a H1B visa through this?

This office will also a direct link between their clients in North America and the company in Toronto through me?

They are able to make me an offer however they have no experience in this sort of thing and so I thought Id ask my friends here!

5) FINALLY, how long can one stay on H1B with each employer? I first arrived in 2002 and have since had 3 H1B visa's issued. Will this effect my chances of having another H1B issued?

Thanks so much and I'm looking forward to hearing from you guys soon
 
ATT75 said:
Hi,

Sorry this is a repost to see if I can attract more responses. I hope you dont mind!

I'm hoping you can help me. I am a H1B (from Australia) and just came back from interview with a Canadian company. The company is based in Toronto but requires that I live, work and provide support for their clients and travel through out the USA. They will pay in US dollars, 401K, PPO US health system. BUT this work also required that I travel to Toronto on a regular basis for training and meetings.

My question is:

1) Do I need an American AND a Canadian Visa?
------------- you posted the you are on H1B status so you may be having H1 Visa stamp and to visit canada you needa Canada visa
2) Company of interest DOES NOT have an office or entity in the USA at all.
------------ H1 is filed by US employer if the comany does not have US address how they filed or got approved H1 petition??
So I cant get my H1B through their USA office since it doesnt exist!
------------earlier you posted that you are on H1B
3) They have PO BOX for mail but that's it. Can a PO BOX address act as an entity for them?

4) The bulk of my work would also be done at home so I will be working from a HOME OFFICE which they provide funds for ie phone line, DSL, laptop, fax etc.

So can we use my HOME address to act as an office for the company and in this case can we get a H1B visa through this?
------------- it seems to me you dont have H1 approved or H1 visa stamp or you did not provide full details
This office will also a direct link between their clients in North America and the company in Toronto through me?

They are able to make me an offer however they have no experience in this sort of thing and so I thought Id ask my friends here!

5) FINALLY, how long can one stay on H1B with each employer?
----------- till the approval of H1 petition/validy of I-94 and if the employer has H1 job for you
I first arrived in 2002 and have since had 3 H1B visa's issued. Will this effect my chances of having another H1B issued?
----------------- you need to post your full details. your message does not have enough info
Click to expand...
1 are you in US working on H1 status? if yes when did you first enter US on H1 status?
2 if you are on H1 status and working in US, do you mean that you are planing to work for company based in Canada that has no office in US?
" H1 is filed by US employer and H1 is for US and not for Canada"
 
more info

Hi,

To clarify, I am on H1B with my CURRENT employer. The new company and I are working together to understand the logistics of which visa I will need. I do not have H1B with new company yet.

I arrived in 2002 and had 1 H1B for 1 year. I worked for a private company but it was terrible so in 2003 I got a new job at a University and my second H1B. Then my boss at the University got a promotion so he moved our lab and me to a NEW university in another state and so I got my 3rd H1B for that job in 2004. This visa will expire by July 2007.

Then two weeks ago i was approached by the Canadian company for a position. I interviewed and they want me to work with them but am not US citizen or permenant resident. So I am trying to find information on which visa's I need.

The Canadian company needs me to WORK in the US and they pay all benefits in US system BUT it is based in Canada...so I will need Canadian visa to work for the company I am sure. BUT I think I will also need US visa because I will be living and supporting and working in the US for the clients and customers of the Company.

Since the Canadian company has NO US office can I use my address as the office for the company since a major part of my work when I am not working will be at the home. I will only fly to Canada for training and then for meeting. I will not be based in Canada.

Thanks for your help!
 
H1 visa is for the workers employed by US company and I donot think Canadian company with no entities in the US is eligible to apply for H1.
I did not remember clearly, but in either I-129 or LCA, they need to put their US TAX ID that canadian company may not have.
 
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If your company does not have ANY office in the US, I am not sure if you will be eligible for a H1 or L1 visa. My guess would be that you would get a Canadian work Visa(their equivalent of a H1B) and you would have to get a US Business visa(B1???).

This is a complicated case and I would suggest that you consult a good imigration lawyer. There could be some provisions for such scenarios which the average person in the message board may not be aware of.

Good luck and please let us know if you find any more information. It may come in handy for some of us in the future
 
Hi,

Thanks for all your help! I am contacting an immigration lawyer and once i hear more info I will definitely share! I love this site and know how valuable it is for everyone :)

Have a great day everyone :)
 
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