Canadian Immigration Lawyer
Q.I am a landed immigrant in Canada, and i am now working under H1B visa in the US. i am thinking setting up a personal business in Canada and then get back to the US to work for my Canadian company. (probably sign contract with my current employer with my Canadian company's name.) is it technically possible? if yes, what shoudl i do? if no, what's the biggest problem?
A.You can perform work for a Canadian company (your own or another) if the work performed does not benefit a US person or company (i.e. the work done for the Canadian company cannot go to the USA), your company cannot do work for a company with significant ownership by a US company (arms length relationships still count) and you cannot use the fact that you are in the USA to your advantage (i.e. you cannot use knowledge and other information that you can only garner by being in the USA) actaully in perceptive of US governemtn, they could only see i am hired by this US company which sponsor my H1B, while in perceptive of this US company, they could treat me as thier employee and in the meantime they pay my canadian company contract fee. e.g., 50K to me as H1B w2 salary, 50K to my canadian company as "staffing fee" etc... whatever it sounds comfortable..... is it possible? this way, when i go back to Canada, Canadian government would think my company is making money for the country and thus my PR status could be maintained even i am physically out of the country.
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