Taking my job with me when I move to the US...

[JenandDon 3]

So here is my situation....

My work allows my to literally work from anywhere as long as I have a computer and an Internet connection. My employer is aware of my upcoming move, and would like me to stay on with them once I get to Florida. I am going down on a K1 Visa and I will be leaving (Fingers Crossed) in mid August.

This is where things become a little blurry. There is some legality to keeping me on as an employee until year end because I have lived in Canada over 180 days in 2011. (The 6 month rule Canada/US) We are trying to confirm this, but my company is also happy to put me on contract otherwise, so they do not have to deal with the US Payroll System. They currently have 4 other contracted workers in the US. It is a Canadian Company, although they have a US address for US business dealings only, they do not have a presence yet.

I know the K1 does not allow me to work for a US employer until I get my green card, but I cannot find much legislation to discuss continuing my employment with my Canadian employer until year end and switching to contract in the new year.

I would love any links or websites that would be useful in clarifying this once and for all!

[Krikit 1,164]

Had the exact same scenario. Canadian IT employee moves to FL. Employer set me up as a non-resident (i.e., taxed at 25%). Reported the income to the US and Canada at tax time. (Tax treaty.)

[JenandDon 3]

I thought so

Thank you!