Hey Logan,
Some big things have happened. I’m no longer with Pocket Universe, though I intend to still file for O-1 in the coming months. However, a more pressing issue. As of today (Nov 5) I’ve spent 154 days in the USA in the past 12 months (and in 2024) on a tourist visa. In 2023, I spent ~40 days. So I’m on the cusp of closer connection as far as I understand. All of my income is dividends via a Canadian corporation, so this would throw a wrench in things.
Is it easy for me to file substantial presence for Canada to avoid having to pay USA taxes for this year? My principal residence is in Canada, have my drivers license there, have a Canadian corporation, etc. Is it expensive/risky to file substantial presence? Should I take the next flight back? I did spend more days in USA than I did in Canada (I spent significant time in Europe from Jan-Mar 2024).
Secondly, I still have significant (~$80k) unpaid wages from Pocket Universe. Would it be advantageous to just file for my O-1 now/this year, and then get paid and change it to a new company, or should I get paid as a contractor back to my Canadian corporation? If either is equally easy, then I can ask my accountant.
Thirdly, how strict is it to keep the O-1 once I get it? Can I transition it to a new company/agent, and how much would I need to be paid for it to continue to be valid? Can I do contract work? Can I go on indefinite “unpaid leave” at Pocket Universe and still keep it?
Thanks for your help.
I can do the substantial presence test.
Take some time in Canada and think about it rather than just filing a petition.
Questions:
- How much of a petition is usable.
- Talk about a tax attorney re: US vs Canadian taxes
- I bill them for some services while I am in Canada.
- Agent is just someone who represents multiple companies when sponsoring; so I need multiple employers interested in order to make this work