Can I work for CDN employer and live in US?

eejerson
New Member



Joined: 06 Aug 2008
Posts: 4
Location: vancouver

Posted: Thu Aug 07, 2008 6:05 am

 

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I'd like to live in the states for a few months, just as a change of scene from my vancouver home, but I only plan to stay 4 months and I am going to continue to work for my canadian employer (remotely - I work for an internet company).

Am I allowed to work for a canadian employer but live in the states? I can get a letter from my employer saying that I'm expected back in four months with details of what i do.

[I realize as a Canadian I can stay in the US legally for up to 6 months, but I've heard they can deny you entry if you don't have a return ticket, or if your return ticket is for longer than just a few weeks. IE, if you have a return ticket for four months down the road they have cause to question.]

Thanks!

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Thu Aug 07, 2008 10:53 am

 

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No, is the short answer, but there's no way of them enforcing it. The law hasn't really caught up with this situation. If you're the only one who knows you're working then the fifth amendment makes prosecution near impossible unless they seize your laptop or whatever.

But legally you must have some kind of work authorization which is impossible to get in this situation, unless you get it in some unrelated way such as marriage.

If you were setting up a US office, etc. then there are various options, L-1 intermittent probably being the most relevant or maybe E-1.
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Steve.

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eejerson
New Member



Joined: 06 Aug 2008
Posts: 4
Location: vancouver

Posted: Thu Aug 07, 2008 10:55 am

 

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Hi Steve,

Thanks for the reply! I just have one more question then - I don't need to set up an office, just want to work from home.
Can I get a letter from my employer saying I'm on leave from work in vancouver, and I'm expected back in December? I would only show it if they ask for it at the border crossing, saying only that I would like to visit the states.

Would that be alright? Is there any real way to ensure I don't get denied entry at the border crossing, for wanting to spend a few months in the states?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Thu Aug 07, 2008 11:12 am

 

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Best idea is to have a copy of your bank statement showing you have enough money to cover a four month trip. USCIS generally work on 125% of poverty level pay, I forget what it is right now but a few thousand dollars should be enough.
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Steve.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1449
Location: North Carolina

Posted: Thu Aug 07, 2008 2:32 pm

 

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There is no sure fire way to ensure you won't be denied entry. It is totally up to the whim of the POE officer you happen to get when you cross.

If you're going for an extended stay, as Steven mentioned, its best to be able to prove you have ample funds to support your stay. And saying that you'll be working while you're there isn't gonna cut it, because you're not supposed to be working, even remotely for a Canadian company.

A return dated ticket, a letter from your employer stating you're on approved extended leave and expected on a particular date to return to work, proof of abode in Canada and bills to pay etc etc etc all *might* help, but is no guarantee.

And don't carry anything with you work related, because if you're searched (and they're very thorough!) and if you even have a business card on you, they can deny you entry.
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