TN - Dual Citizenship Canada & India

S

sainatarajan

Registered Users (C)
I have dual Citizenship - Canadian and Indian. I have a permanent home in India and plan to start an IT Consulting Company there - me as the sole shareholder.

I am currently employed with Company ABC in the US on TN1 that will expire in Feb 2012. I plan to take a Contractual Assignment with Company XYZ in the US.

Now, my questions are -

(a) When I sign the Contract with the US Company XYZ, do I sign the Contract as an Individual or can I sign the Contract as the Director of my IT Consulting Company?

(b) Whether I sign the Contract individually or as the Director of my IT Consulting Company, my understanding is that I will need an "additional" TN visa. Now, to get the additional visa at the border station, do I need to step out of the US and walk back in or can I simply get the I-94 and remain in the US?

(d) Whether I contract as an individual or as the Director of my Company, would my work with the US Company XYZ be on a 1099 or is there any other possibility ?

Thanks very much.
 
(a) You can sign the contract any way you wish; it means nothing for TN
(b) yes, you will need additional TN. Each POE is physically configured differently, but whether or not you can get to the POE without leaving US, you will be considered as having left and come back.
(c)?
(d)It can be 1099, or simply corp to corp and/or you can get your company to pay you. Method of payment does not matter for TN. You are being sponsored by XYZ, and that is what counts.
 
Hi NelsonA,

When I get additional TN at the border, assuming the port of entry is configured to make me momentarily walk out of the border and get back in, do I need to show copies of both I-94s I then have (the current employer and the additional one) since my current employer might prefer not to cancel my current TN.

Every time I go to India to visit family, on my return, do I need to show copies of all (valid) TNs or is it enough to show just one of them? This was the (c) that I missed copying the last time. Thanks very much.
 
sainatarajan said:
Hi NelsonA,

When I get additional TN at the border, assuming the port of entry is configured to make me momentarily walk out of the border and get back in, do I need to show copies of both I-94s I then have (the current employer and the additional one) since my current employer might prefer not to cancel my current TN.

You don't need to show any I-94; you are getting a new TN, you will enter on this. Getting a second TN has no impact on previous ones.
Every time I go to India to visit family, on my return, do I need to show copies of all (valid) TNs or is it enough to show just one of them? This was the (c) that I missed copying the last time. Thanks very much.
Click to expand...

You need show only one I-94.
 
nelsona said:
You need show only one I-94.
Click to expand...

bigboy00 said:
-- No you don't. India does not allow dual citizenship (OCI is not a citizenship).
If you still have (and use) valid Indian passport along with the Cdn passport, it is illegal.
Click to expand...

You are right, Bigboy00 - I have Canadian Citizenship and India OCI - my India Passport is invalidated and therefore, use only the Canada Passport for travel purposes.

The point I was trying to make was that I was eligible to go to India without an India Visa and could form a Private Limited Company without much hassle. Anyways, thanks for pointing out.
 
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