Transfer to US with existing company after obtaining CR-1 approval

[lizspj 2]

Hi all,

My husband and I are currently in the process of trying to obtain a CR1 visa - I am the beneficiary.

I have indicated to my current employer that I am intending to move to the US around August to October 2015 this year (at least we're hoping to get everything approved by then). They are willing to try transfer me to our office in the US, but i'm a little unsure about how this is going to work.

As I understand it, I am not allowed to work in the US until I have obtained a SSN, which I will need to apply for once I arrive in the US. For a transfer to take place, they need to transfer me from the Australian company to the American company. Does this mean that I technically need to remain employed with the Aus company until I arrive in the US and get my SSN?

Thanks for your help!

[aaron2020 11,651]

Does this mean that I technically need to remain employed with the Aus company until I arrive in the US and get my SSN?

Thanks for your help!

Once you enter the U.S. on the CR-1, you automatically get a green card which is your authorization to work. The SSN allows you to be paid.

You can not be paid by the AU company in AU. You need to be paid in the US for the work done in the US. You need to pay the employment taxes here, not in AU.

Your employer can put off paying you until you get your SSN.

If we allow people to be paid abroad while working a US job, then we would not collect the taxes. This would be tax avoidance by the employer and the employee.

Edited February 19, 2015 by aaron2020

[lizspj 2]

Thanks for your response aaron2020!

I work for a global consultancy and we frequently have people working in countries outside their home office for periods of time on projects and so on, and getting paid by their home office. They would of course, still pay taxes in the US if they met the threshold requirements. I had thought this would apply here, but perhaps the situation would be different since I have a different visa type?

I guess it looks to me that I have the following options:

1. Move to the US, take a leave of absence with my company in Aus, obtain my SSN and then switch to the US company
2. Move to the US company and defer payment until I get my SSN (not sure the company would go for this...)

Does anyone know if there are any other options? Is it possible to get a SSN prior to arriving in the US?

Thanks!

[A_Singh 21]

Hi! I think I'm late to respond to this but this is how it worked out for me.

Background - I work for Accenture, again a global consultancy and they have projects in the US. I was a Canadian employee and did get my CR1 visa.

Here is what I did.

Dec 2013 is when I got my CR1 visa (not the actual card), Since I used to be in Canada, I drove to the US and while entering got my CR1 done, and in 2-3 days went and applied for SSN. Spouse (Petitoner) was in US so she recieved the SSN. I returned back to Canada and continued to work until I transferred/got a job in US.

Feb 2014 - I was able to get a project in the US, but not a full transfer, so I started to work in the US as a Canadian employee for the month of Feb and was getting paid in Canada. I would have to travel back and forth on this project, but I was able to strike a deal with my manager that since I will move to the US, I will not travel back and forth. Even though I was physically in US, I was being paid in Canada for that month. Accenture did not have a problem as I had legal paperwork like SSN and I9 things sorted out because of 551 stamp. My GC was still not recieved in mail yet.

March 2014 - I kept asking for a transfer and threatened that I would quit if not transferred, so I was eventually transferred to US payroll, starting March. so from this time on, I was being paid in US on US payroll and my Canadian job was terminated.

In my case, getting transferred to the US would only have been possible if I had a project in US. Canadian headcount wasn't willing to let me go until I had a role/project in US. Once I had, they were willing to let me go. THere was all sort of bull ####### paperwork but its normal.

Taxes - this is how they will work, as I will file now for 2014. For the month of Jan and Feb, I will file Canadian taxes, and for US, i will file taxes from Feb to Dec.

Since it was a complicated process, my employer is taking careof my taxes and they know my situation.

Your case - You can work as long as you have SSN and CR1 visa endorsed (551 stamp), No one can stop you to work. But again, you can only be paid at one place.

See if your company has this options.

[lizspj 2]

Thanks for the response! Will PM you separately.