[somerando7]

What would be the advice for Canadians who want to start a company, but are unable to do so because they are on a TN/H1B?

As I see it my only options are:

a) Move back to Canada, start company there. Does this impede getting VC funding? Can I somehow move back to the US if my company becomes successful?

b) Wait until I get a greencard.

Further question:

c) Is it better to go TN->PERM or TN->H1B->PERM, what are the drawbacks of the first option?

[ShivTheShiv]

Get some tax advice!!! If you own more than 10% of a foreign company your US taxes become very, very complicated. I relinquished my green card after my first tax filing. If you want to be in the US, found your company in the US.

[proberts]

Good advice. Always get tax and corporate advice. There's no legal issue with going from a TN to a green card but because of the current green card backlogs - because the green card process takes so long - you could be in the difficult position of needing to renew your TN or travel internationally during the process and you wouldn't be able to. So an intervening H-1B is helpful, just not required.

[somerando7]

I'm confused. I thought on a TN or H1B I'm not even allowed to start a company in the US.

[ShivTheShiv]

Your option A involved incorporating a Canadian company and moving to the US. My comment was on your option A. It is extremely painful to own a Canadian company and have USA tax filing obligations. If you absolutely must do this, make sure your company’s fiscal year falls on the calendar year boundary. I found the reporting onerous and chose to stay in Canada.

[somerando7]

Oh yeah, for option A I meant to just stay in Canada until my company hopefully gets profitable and then "transfer" it to the US and move to the US if somehow I can self-sponsor/sponsor through company.