Can I continue to work for CDN employer while living in USA?

verve
New Member


Moving to Burlington, Vermont

Joined: 26 Jun 2008
Posts: 2
Location: Toronto

Posted: Thu Jun 26, 2008 8:22 am

 

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I'm Canadian, currently residing in Toronto. I recently married an American, who has been living in Canada on a student Visa for 6 years. He's now been accepted to med school in Vermont. We're hoping to move in a month. My job is one that can be done from anywhere and my Canadian employer would like to retain me as an employee.

Can I live in the US with my husband and continue to work for a Canadian employer?

Would a TN visa work for me if my employer is canadian but I want to reside in the states?

Help!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Thu Jun 26, 2008 2:46 pm

 

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No, I don't think a TN would do it, TNs are for US employers to sponsor you to be able to work in the US. You can't legally work while on US soil without US work authorization. Your husband can sponsor you for a green card, which comes with employment authorization. Of course, it won't be completed in a month, it can take up to a year to process.

I don't think he's eligible to petition via the US consulate in Toronto, you'd have to go thru the USCIS processing centre in Vermont, and he'd either have to prove some sort of income, or get a co-sponsor (any US citizen family or friend can be a co-sponsor). And you'd likely have to stay in Canada to wait it out.

Check out http://www.visajourney.com for US marriage based immigration information
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verve
New Member


Moving to Burlington, Vermont

Joined: 26 Jun 2008
Posts: 2
Location: Toronto

Posted: Fri Jun 27, 2008 5:39 am

 

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We will be doing the greencard petition, eventually. We have a co-sponsor and we'll receive our marriage certificate next month, so we can't start the process in Canada. We'll have to do it while living in the states.

What I need help with is:
1. Can I enter the US and live with my husband while we are doing the application -- or do I have to remain in Canada?

2. Is there a way to continue to be employed by a Canadian company while residing in the states, legally?

Thanks for any help!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Fri Jun 27, 2008 2:18 pm

 

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You can visit the US for up to 6 months, but you cannot work in the US (even for a Canadian employer) during that time. And after the 6 months is up, you'd have to return to Canada to wait out the rest of the immigration process. Currently petitions from within the US are taking about 1 year.

You cannot legally work in the US without a work visa. Not even for a Canadian employer.
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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 50
Location: Waterloo

Posted: Sat Jun 28, 2008 5:46 pm

 

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While, I don't want to encourage anything illegal, I think that the US government may not be too concerned if you live in the US while working for a Canadian employer. It's certainly not taking away any jobs from workers in the US, and you're improving the economy by spending your wages there.

The problem is that with modern technology this is a lot more feasible scenario than in the past.

I mean, how many Canadians vacation in the US and check their work e-mail while they're there? That's technically just as illegal and I don't see anyone in the US being concerned about that as it's certainly not hurting anyone there.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1011
Location: Calgary

Posted: Sun Jun 29, 2008 12:04 am

 

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This isn't a casual thing while she's temporarily there though, if you're in the US and happen to pick up your e-mails that's one thing, she's talking about a permanent move.

What she needs is a K-3 visa, then she applies for an I-765 as soon as she gets there.

There are also tax implications.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Sun Jun 29, 2008 5:45 am

 

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I wouldn't bother with the K3 these days, they're taking about the same amount of time as the CR1/IR1 immigrant visas, and after you get the K3 you still have to spend more money (another $1010) on adjusting status. With the IR1 you don't, and with the IR1 you have employment authorisation as soon as you get the visa. With K3 you don't.

It used to be the other way around, when I went thru it, it took about 2 years for my I-130 to be approved, and only a year for the I-129F, so the K3 made sense. Not anymore, they've changed how K3s are processed and slowed them down, so the immigrant visa is the way to go for Canadians.
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Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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