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Second opinion] i have paid US income tax for 17 years. what…

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Second opinion] i have...

Second opinion] i have paid US income tax for 17 years. what is the medical insurance and social security benefit. I am a Canadian citizen, 55 year old. I want to live in US, because I have a house there. It is not easy to find a right job if I am outside of US. I want to know how to enter US with a legal status

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?

I would like to enter US with a legal status

Submitted: 6 months ago.Category: Social Security
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12/29/2017
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 6 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 1,138
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help!

Please give me a few minutes to answer your question.

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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 6 months ago

I have been working in the international tax area for over 30 years. In that time, I've seen it all. When you worked here before, how did you do it? What kind of permit? How long ago?

Today, you cannot enter the US to work without first having a job from a US employer that will sponsor you for your work visa.

There are several types of visas that you can use. The H-1B Non-Immigrant Work Visa may be issued to Canadian citizens seeking temporary work in a "specialty occupation," which requires the skills of a professional. You usually have to have an advanced degree or certification, usually a minimum of a bachealor's degree, to get this visa. An H-1B petition can only be filed the employer. The Canadian citizen/employee cannot seek an H-1B visa without an employer willing to file a petition. USCIS begins accepting H-1B petitions on April 1st of every fiscal year.

The TN visa is another type of visa, but again, you must first have a job in the US before you can apply. The TN visa was created under the North American Free Trade Agreement between Canada, U.S. and Mexico. Under this visa, a Canadian citizen may work in a professional occupation in the U.S. if:

1) He/she qualifies under the "Professionals Under the North American Free Trade Agreement" list;
2) the Canadian citizen possesses the specific criteria for that profession;
3) the employment position in the U.S. requires someone in that professional capacity and
4) the Canadian citizen is going to work for a U.S. employer.

If you have worked for a Canadian company for at least 3 years, the L-1 visa might work. The L-1 visa allows a US employer to transfer a manager or an executive from an affiliated Canadian office to one of its US offices. The employer must be doing business in the US and it must have an existing relationship with the Canadian company (such as being a parent company, affiliate, subsidiary etc.). Furthermore, the employee must have been working for the affiliated employer in Canada for at least one continuous year within the three years prior to being issued an L-1 visa, and he/she must be going to the US to render services as a manager/executive. Employees will be granted an initial three-year L-1 visa.

Finally, an O visa is another opportunity. The O-1 visa is a non-immigrant visa used by a small percentage of individuals who possess extraordinary ability in the arts, sciences, education or athletics (collectively O-1A), or who has demonstrated a record of extraordinary achievement in the motion picture or television industry (O-1B). Examples of people eligible for an O-1 visa include: actors, singers, scientists, professors, writers or professional athletes.

The key with all of these visas is that you have to already have a job in the US. Also, the only visa that will allow you to stay and become a resident is the H1-B visa. So if you want to live here, that is the visa you want to get. But they are difficult to obtain.

I hope this has answered your question. If you have any more, please feel free to ask and I will be happy to answer.

Thanks! Have a great weekend! Happy New Year!

Roger

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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 6 months ago

I did not know you are a professor or researcher. The E12 is a fairly obscure visa for professors and researchers. You would have to still have a job offer before you can get this visa. You have to meet certain criteria (which I am sure you do) as well. The biggest obstacle would be the job. If your friend who got the E12 quickly must have had a job offer.

If you have a job offer, I can give you the name of a very good immigration attorney that I work with in Philadelphia. All they do is immigration and visa work. She is helping me with another client with a difficult situation right now.

Let me know if you would like her contact info.

Thanks!

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Customer reply replied 6 months ago
Over one year, I feel hard to sleep (take sleeping pill often, because the job is very stressful). Do I qualify for the disable benefit?
I have paid US tax for 17 years
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 6 months ago

Stress or anxiety is usually not a disability as far as Social Security is concerned. Taxpayers who list conditions such as yours and who are actively receiving psychiatric treatment from a licensed doctor for an anxiety disorder such as generalized anxiety, agoraphobia or panic attacks, or PTSD can apply for SS Disability. If you pass these threshold tests, Social Security is required to evaluate your stress under its disability listing for anxiety disorders. However, they are only required to evaluate it, not approve it. This is still a long shot. But if it applies to you, then by all means try it.

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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 6 months ago

I see that you looked at my response. Do you have any questions? I have not heard anything from you.

Please don't forget to rate me, as that is how questions are closed.

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