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Posted

I don't quite get how I can be on a TN visa either - several of the universities I was applying to had suggested it, and said that there was fundamentally no difference between the J1 and TN (other than less paperwork with the TN). Of course, being told it was easier to get, I went with a TN. Upon starting the job and filling out the paperwork however, I came to realize that from what I can interpret (which doesn't actually go that far), when you're on a J1, you're considered a non-resident of the US by default for tax purposes. However with TN, how I understand it is that I am considered a resident of the US for tax purposes. Although, apparently, from what I've been able to figure out, I should be able to fill out some sort of document at the end of this all (sounds maybe like the same thing you're referring to) to justify that although I met the substantial presence test in the US, I have more ties in Canada. How difficult was it to justify your Canadian ties? At what point did you request to establish your residency status in Canada? Lol... with a PDF, it looks like probably >80% of my income this year will be Canadian! Out of curiosity, when you filed your taxes, were you able to use up your tuition credits? Also out of curiosity, when you "justify" your ties to Canada, are you justifying it to a particular province (I would assume so, but that's just a guess)? I literally just moved (and I had a year long health insurance thing I had signed up for back in Canada - since I'm not sure if I'm a resident or not, I don't know if should cancel that [or even it is still valid]). Anyway... for any other post-docs out there looking to go to a US university, if given the option between J1 vs. TN... yeah the TN might be less paperwork up front, but I suspect (once again cannot be sure) that down the road it might be a little more challenging than the J1.

p.s. What's the difference between "factual" vs. "deemed" resident of Canada? Are there any other types of residents?

p.p.s. For anyone still wanting to go in under TN... be sure to have your original degree certificate with you as you cross the border (at least if you want to make life easier). Since I don't convocate for another couple months, they were big sticklers about this (transcript & letter from the U saying I finished all degree requirements weren't enough). While it sounds crazy, proof of my BSc is what got me in. I don't get it... but just a head's up for anyone that tries!!

It may be possible for you to switch visas......I changed from a J-2 to an F-1 (as a graduate student) because there were more benefits to being an F-1.

My husband is a J-1 post-doc and I do his taxes.......I know that as a J-1, you get two years in the US as a "tax non-resident", then after that you are a tax resident (unless you fail the substantial presence test). And every case might be different, but I don't think his taxes were higher than if he was a tax resident (as opposed to what simhod experienced).

Posted

It may be possible for you to switch visas......I changed from a J-2 to an F-1 (as a graduate student) because there were more benefits to being an F-1.

My husband is a J-1 post-doc and I do his taxes.......I know that as a J-1, you get two years in the US as a "tax non-resident", then after that you are a tax resident (unless you fail the substantial presence test). And every case might be different, but I don't think his taxes were higher than if he was a tax resident (as opposed to what simhod experienced).

Interesting to hear about the visa switch. Was that tough?

Posted

It may be possible for you to switch visas......I changed from a J-2 to an F-1 (as a graduate student) because there were more benefits to being an F-1.

My husband is a J-1 post-doc and I do his taxes.......I know that as a J-1, you get two years in the US as a "tax non-resident", then after that you are a tax resident (unless you fail the substantial presence test). And every case might be different, but I don't think his taxes were higher than if he was a tax resident (as opposed to what simhod experienced).

My husband was J-2 and switched to TN when he got a job offer. I said that we paid more taxes as non-US resident, because we are not eligible to file as married-join together, therefore we filled married-separate and we paid slightly more taxes as we would have been paid as married-join together (I played with both). If TN was more than 6 months or so, we (I with J-1 and he with TN) can request to file married-together (but my husband was on EAD before TN, so didn’t have enough time on TN).

As factual resident, you will pay and get all the tax credits as you would never left Canada (http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/tmprry-eng.html). As Deemed (http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/dmd-eng.html), you are not entitled of the provincial taxes/credits, so as deemed you are less “tied” to Canada. I don’t have house in Canada or dependents left in Canada, but in the letter to the International office I advocate that I work temporary in US (temporary visa, job contract, renting the house etc) and I stayed in Canada in that year more than in US. I cannot do it for the year when I lived only in US.

Yes, you can still use your tuition credits.

Posted

I am planning to work as a postdoc at UMN Twiin Cities.

It's a good university and nice city/cities.

Posted

It may be possible for you to switch visas......I changed from a J-2 to an F-1 (as a graduate student) because there were more benefits to being an F-1.

My husband is a J-1 post-doc and I do his taxes.......I know that as a J-1, you get two years in the US as a "tax non-resident", then after that you are a tax resident (unless you fail the substantial presence test). And every case might be different, but I don't think his taxes were higher than if he was a tax resident (as opposed to what simhod experienced).

I didn't pay any social security or medicare in my first year as postdoc in US, but when I entered in my second calendar year in US, I paid all the US-resident taxes. So you are exempt to pay medicare and security taxes only in your first year, but not second.

So I think one small advantage of being on J-1 vs TN as postdoc is that in your first year you don't pay these taxes if you are on J-1.

Posted

My husband is a J-1 post-doc and I do his taxes..

Hi dhanson,

It’s good to hear that I am not the only one who does the taxes for the husband too:-)

Posted

Hi dhanson,

It’s good to hear that I am not the only one who does the taxes for the husband too:-)

How far is ur institute from UMN Twin Cities? Are u planning to stay there too?

Posted

It's a good university and nice city/cities.

How far is ur institute from UMN Twin Cities? Are u planning to stay there too?

Posted

Hi Everyone,

I am a new member of this forum, I got my NSERC PDF award letter on Friday.

I heard from many people that J1 visa for NSERC PDF mandates a 2 year home residency requirement, meaning that if I use my NSERC PDF award in the US they will force me to return to Canada after my program for two full years. So this means I can not apply for faculty positions in the US or any kind of job until I have returned to Canada and lived there for two full years!!!!!!!!!!!

I dont think this is fair since faculty and job positions in Canada are limited and this is going to really suck after I finish my postdoc :(((

Posted

Hi dhanson,

It’s good to hear that I am not the only one who does the taxes for the husband too:-)

after he did them wrong the first year (we were actually entitled to a larger return, which luckily the irs let us know), I took over:-)

Posted

Interesting to hear about the visa switch. Was that tough?

the biggest pain is that you have to leave the country then re-enter on your new visa, which wasn't difficult for me because I was going back to Canada for a visit anyways. There may be other ways to switch (maybe going to a consulate), but I'm not sure. As for getting the paperwork for the new visa, I just asked my school and they gave it to me.......

Posted

Tasneem,

Congratulations firstly...I guess that means my rejection letter is waiting for me at home!

Anyway, leaving aside the perhaps questionable ethics of taking money from the Canadian government without any intention of returning to Canada, the home residency requirement only applies in certain cases I believe, none of which apply to Canadian postdocs. http://travel.state.gov/visa/temp/info/info_1288.html

Posted (edited)

Hi Everyone,

I am a new member of this forum, I got my NSERC PDF award letter on Friday.

I heard from many people that J1 visa for NSERC PDF mandates a 2 year home residency requirement, meaning that if I use my NSERC PDF award in the US they will force me to return to Canada after my program for two full years. So this means I can not apply for faculty positions in the US or any kind of job until I have returned to Canada and lived there for two full years!!!!!!!!!!!

I dont think this is fair since faculty and job positions in Canada are limited and this is going to really suck after I finish my postdoc :(((

Congrats Tasneem!

Don't worry, the J1 2-years out of US is only important if you wanna apply for a permenant residency. You can extend your J1 visa and if you find a job in US and wanna stay with a work visa or even apply for green card you can legally do that. The purpose of J visa is that your resedincy country sends you to be trained , etc. and they want you back. So if you provide papers from Canada that you are allowed to stay in US from the Canada side, this 2-years out of US policy will be waived. We have a postdoc from Sweden who got a facualty position, and just is in the process of switching from J1 to a work visa (H?) . There is also options to apply for Green Card on especial circumstanses, (for example as high quality scientist, etc.) immigration lawyers can help with that and if you are confident on yourself, even as a high standing postdoc you can apply by yourself. The risk is if you be rejected you can NEVER apply for a US Green Card again.

Good luck with your life/research in wherever you wish!

Edited by sbh_astro
Posted

Hi Everyone,

I am a new member of this forum, I got my NSERC PDF award letter on Friday.

I heard from many people that J1 visa for NSERC PDF mandates a 2 year home residency requirement, meaning that if I use my NSERC PDF award in the US they will force me to return to Canada after my program for two full years. So this means I can not apply for faculty positions in the US or any kind of job until I have returned to Canada and lived there for two full years!!!!!!!!!!!

I dont think this is fair since faculty and job positions in Canada are limited and this is going to really suck after I finish my postdoc :(((

Congratulations Tasneem! In what state are you residing?

Can you believe that I didn't receive any letter from NSERC today? What can I do if the letter is lost?

Those who got the letter, do they say how many awardee's are this year and how many applied?

Thank you!

Posted

Hi Everyone,

I am a new member of this forum, I got my NSERC PDF award letter on Friday.

I heard from many people that J1 visa for NSERC PDF mandates a 2 year home residency requirement, meaning that if I use my NSERC PDF award in the US they will force me to return to Canada after my program for two full years. So this means I can not apply for faculty positions in the US or any kind of job until I have returned to Canada and lived there for two full years!!!!!!!!!!!

I dont think this is fair since faculty and job positions in Canada are limited and this is going to really suck after I finish my postdoc :(((

Hi Tasneem. Congratulations. I wonder if you can please share your stat with us.
Posted

Hi again every one,

Well I have two friends with NSERC PDF, one recently finished his Post Doc at Stanford and is having issues in getting a J1 residency waiver. He has an offer from PennState and he cant start his job because his waiver is taking too long (its been 5 months now). This is what scares me cause who ever I know with NSERC PDF received this requirement and the UCBerkeley international office also stated this rules applies to me if I accept the award since NSERC is a governmental agency. I am so confused and dont know what to do :(

I am right now in Berkeley as a visiting student and but my letter was sent to my address in Toronto.

I dont intend to not return to Canada but the job market in Canada is never good specially for a postdoc so if I cant find a job in Canada I have no choice but to seek employment in the US.

Posted

Hi again every one,

Well I have two friends with NSERC PDF, one recently finished his Post Doc at Stanford and is having issues in getting a J1 residency waiver. He has an offer from PennState and he cant start his job because his waiver is taking too long (its been 5 months now). This is what scares me cause who ever I know with NSERC PDF received this requirement and the UCBerkeley international office also stated this rules applies to me if I accept the award since NSERC is a governmental agency. I am so confused and dont know what to do :(

I am right now in Berkeley as a visiting student and but my letter was sent to my address in Toronto.

I dont intend to not return to Canada but the job market in Canada is never good specially for a postdoc so if I cant find a job in Canada I have no choice but to seek employment in the US.

Do you have to pay back the NSERC award, if you don't want to go to Canada for 2 years or what are the consequences...I didn't know about all of these...

Posted

Do you have to pay back the NSERC award, if you don't want to go to Canada for 2 years or what are the consequences...I didn't know about all of these...

I don't think this option exists cause I am sure my friend did everything he could and the Stanford international office staff really know their stuff. He hopes to get his waiver soon but they say it can take several months and its been 5 months from him up to now. He just wants to get an H1 visa but this rules prevents you from getting H1, TN and greencard.

Posted

Anyways the professor I am working with at Berkeley did offer me to stay as postdoc, I was hoping to get NSERC and go to MIT but I will just accept my Berkeley offer and leave someone else to worry about NSERC and J1 restrictions by declining my award :P

Posted

Anyways the professor I am working with at Berkeley did offer me to stay as postdoc, I was hoping to get NSERC and go to MIT but I will just accept my Berkeley offer and leave someone else to worry about NSERC and J1 restrictions by declining my award :P

you just made happy the first one from the waiting list:-)

Posted

Oops! Guess I was wrong about the visa residency requirement, sorry about that.

I got PDF news today in California (wait listed), so I'm sure tomorrow is the day for the rest of you in Canada! Good luck

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