Telecommuting from US for a Canadian job

Hi - I am looking for advice or anyone with experience working remotely from US for a Canadian job.

My husband has been granted a H1-B visa. My current employer in Canada has (very graciously!) indicated their willingness to try out telecommuting for me. I would be physically working in Canada for one week per month but remotely from US for the rest.

In looking at some related posts, it seems this type of scenario will not be allowed under any visa. Am I correct in assuming I would only be able to legally work during that one week in Canada under these circumstances?

Thanks in advance for any interest or advice you can provide.

Traveller2

I don't see the problem although I could be wrong. If you have an H4 which more than likely you have because of your hubby's H1B, then going to work for 1 week in Canada shouldn't hurt unless the work was in the U.S. I mean, you would be working in a country where you're allowed to work as you're from there.

But just to be on the safe side I would call DHS and find out if this is allowed but even they sometimes provide false info. In this case you should consult with an immigration lawyer.

Telecommuting from the US without a work permit would be technically illegal, but if you are eligible for an EAD, get it and then you won't be breaking any laws.

While you would still be employed by a Canadian company, the fact that you are on US soil and working is what could get you in trouble if you didn't have an EAD.

She isn't eligible for any EAD.

What she can do, after legal consult, is work in US for Cdn firm, if she can satisfy the following requirements: The Cdn firm she works for CANNOT have any US branches or subsidiaries, and they cannor "benefit" from your ohysically being in US. Just to clarify, the firm cannot use the fact that you are in US to their advantage (ie, to meet with clients, to recieve shipments, to do research at a US facility, etc).

But if you are working for a purely Cdn firm, and just sitting at home typing, this is permissable under H4.

Thanks to all the above for their input. This has been quite thorny to figure out. And I've researched a myriad of other forums.

agnelson: it would be very helpful if you could provide some background on how you came to your conclusion - this seems highly relevant to my situation.

On other approaches, there do seem to be H4 conversions to EAD, but I don't how long or difficult the process is. If anyone has advice/commentary on this, that would be appreciated.

Also, could a B1 visa be an option?

Much appreciated.

Traveller2

Well, there is NO conversion from H4 to EAD, so forget that. If hubby was down of E1, J1, or L1, your dependant status could (E2,J2, L2) could get you an EAD, but not H1. Sorry if someone led you to think that.

The only way you will get EAD is if you or husband get someone to sponsor you for Green card. Then at an intermediate step in the process, you would get EAD. This would occur regardless of you current status.

B1 is no more usuful than H4, and requires that you maintain a residence in Canada; and its only good 6 months at at a time. You are entitled to H4, not B1.

As to the premise that you can work in US for a noon-US company, this comes from various sources. That is why you would check this with a very savvy immig lawyer.

My husband has been granted a H1-B visa. My current employer in Canada has (very graciously!) indicated their willingness to try out telecommuting for me. I would be physically working in Canada for one week per month but remotely from US for the rest.

Where you are when the work is performed is what matters for immigration purposes. You cannot work on H-4, simple as that.

Note also that you would be liable to US taxes on the income you earn while working in the US, which would require your employer to have a US payroll and you to have a social security number, which you can't get on H-4. So you can't really fudge it or lie about it on an on-going basis, if you did you or your employer would run into problems with the tax authorities. Even if you did you would be considered resident in Canada for tax purposes which may not be a good idea if your husband works in the US.

You certainly can work in Canada, nothing changes in that regard except for the fact that you become non-resident for tax purposes (if you want, depends what your husband wants to do), so you would have to file a new TD-1 with them so they withhold the correct amount of tax and you would only report Canadian-source income on your T1 (i.e. what's on your T4).

There is no work authorized category that allows you to do this, unless you can get an open-ended EAD, for example if you were J-2 or L-2, but your husband would have to get J-1 or L-1. And it doesn't solve the problem of your employer having a US payroll, although if you had an EAD you can be self-employed and do payroll yourself and invoice them.

You don't qualify for E because of the lack of an investment so the only real method is for your husband to get sponsored for LPR status, then you can get it and start work. But that is a long-term solution.

Traveller, as i in this or other thread said, this ability to work in US while on TD H4 and B2 is not well known and is beyond the ken of this board.

A consult with a lawyer would be a must,


But is is permissable under the circumstances I describe.

This is NOT an immigration site.

But if you are working for a purely Cdn firm, and just sitting at home typing, this is permissable under H4.

Have you got a reference for that? My understanding was that it could only be "incidental" work, this is not incidental. I've got the caselaw for it somewhere but something might have changed.

The reference was on a US consular website years ago.

Check with Ingram