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I enetered USA in December 2008 via chicago airport and got a B2 stamped on my passport. I understand that I am eligible to stay for 6 months.

Last month in March, I went on a cruise to Mexico and Beilze and re-entered USA via Port Canaveral in Florida. This time the custom officer swiped the ...

I stand the risk of sounding ridiculous, but what if I drive a rental car and still have my valid canadian license. I have a legitimate intent to enter and stay as a tourist and won't be working till I get approval for new H1.

I consulted a lawyer and he says it takes 4 months to change your status ...

What if you enter via road, isnt it easier? I believe they do not ask proof of residence but do ask questions about where you are heading and why?

Hi Nelsona,

Thanks very much for your guidance.

I looked through the Form I-539 for Change of status and found that only the dependents of an H1B employee can use it, not the person on H1B himself.

Is there any other way I can change my status from H1B to B2?

Thanks

Hi,
I am Canadian citizen and on H1B in USA. My employer has down sized my job and have given me 2 weeks notice which ends on first week of july 2008.

So from second week of july, I am not working for the company anymore.

Can I stay in USA and look for another job?

How long am I allowed to stay ...

I am filing my 1040 MFJ. I had only US income and no Canadian income. My wife had canadian income till may 2006. Should I add my wife's canadian income in my 1040?

I am filing my taxes in US jointly with my wife. She donated money to a canadian charity organisation. Can we claim tax exemption in our US tax filing?
My accountant thinks YES....I think NOT.
Any idea??
Thanks

Hi Nelsona,

I had stayed in USA for more than 2 months in the first quater of 2005 working for a different company on L1 visa.

So I guess these 2 months and the 3 weeks combined give me a presence in USA for more than the required 31 days.

Right??

Hi Nelsona,

Thanks for pointing out my mistake, I realize now that I have indeed misfiled in 2005 for US taxes.
I can credit that to my ignorance (that doesn’t excuse it though).
I will try and amend that.
I should have claimed my residency for US only for last 3 weeks of 2005 instead of the ...

Hi Nelsona,


I talked with the international office in canada--- the person on the other told me even before I finished talking my case that I was a factual resident of canada.

But after inisitent on reading the clause in T-4056 she asked if I was paying tax on world income in USA and that I did ...

Thanks Nelsona,

I get your point.

Yes, I did file the 2005 tax returns in USA as a resident.


Do I have to formally establish my "Deemed Non residency " status with CRA or I can just file my departing tax return in canada?

Do I have to file NR73 for that ?

Also do I provide supporting ...

Hi Nelsona,

Thank you very much, I appreciate your quick response.

Sorry, I didn't understand what you meant by SPT.

Yes, you are correct that I did not have any idea of permanently staying in USA for long term when I first started. Everything was new and I didn’t have a clue if I would last ...

Hi,
I just figured this out after posting the earlier letter.

I think my accountant could be right based on the definition of the "[b]Deemed Non resident" status[/b].
I quote the definition from CRA:
T-4131

What if your circumstances change?
If your circumstances change, you may no longer be a ...

Hi,

I am a canadian citizen and got a job on TN Visa in December 2005.

I travelled from Canada to all over USA for multiple project work at different sites and would be back home about every 2 weeks for the weekend.

I finally settled down in one place in USA in May 2006.

My wife quit her job ...