B1 visa and work with no compensation?

I am working for a startup company on an online basis. I have been with them for about half a year now (since february) and they have been established for about that much time. I am a shareholder with 1.5 shares out of 8 and a co-founder. However, the company is established in the United States and I am in Canada.

We're getting to a point in the development of my product where productivity is becoming crucial and the plan was to relocate me to the United States to work in person with them. However, upon applying for A TN status, I was declined entry based on missing years of experience and my college certification not being sufficient.

There are 2 or 3 things I can see that may get me across:

-Waiting 6 to 7 more months to apply for a L-1 Visa, an employee transfer. As I am part owner and manager, and anything I produce here is owned in whole by the company, that makes my location a branch. This is not ideal, however, as the time where my presence would be most advantageous would be quite far apart.

The other plan and the point of this question is the following idea:

Being part owner, I have vested financial interest in the company, so I have grounds to say that I can apply for a B-1 visa. But co-managing the location, or working my duties there, counts as employment as I am paid and is against what the visa allows.

So the question boils down to: if I have my contract changed so that I am not compensated in pay until I return to Canada, would I be able to work at the US location on a B-1 visa without getting in trouble, deported or otherwise?

3 Answers

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  • 7 years ago
    Favorite Answer

    The B1 is a temporary business visa. If your contract of employment remains in Canada and you are temporarily at the US branch, you can work whilst you are in the US. The rules are here http://www.uscis.gov/portal/site/uscis/menuitem.eb...

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  • Anonymous
    7 years ago

    The B1 visa can be used only for temporary business purposes. Instead of relocating as a professional, you can enter the USA as a businessman, and carry out the work.

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  • John
    Lv 7
    7 years ago

    Not possible.

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