Working for Canadian employer on dependant visa

This forum deals with all aspects of immigration to the United States, including visa types, general immigration issues, and U.S. immigration topics.

Moderator: Jim Eiss

Post Reply
DG001
Posts: 8
Joined: Mon Apr 09, 2007 11:22 am

Working for Canadian employer on dependant visa

Post by DG001 » Mon Apr 09, 2007 1:40 pm

I tried searching the previous forum for this information, but could not find it.

My company had hired a Canadian on H1B who moved here with his wife and kids. The wife worked in PR in Canada, and I think most of her work was remote work from home, so she looked after her kids as well.

Well, she had found a job in the US on H1B as well, but eventually quit as it involved a lot of travel. She changed her status to H4, and stayed at home with the kids. However, just recently I heard something that makes me believe that she might be working for her old emplyer again - remotely, with occasional trips to Canada.

I am not sure, but I thought you could not do that - work on a H4B even if your employer is Canadian. I don't know if they are paying her in CDN $ in Canada, or if her employer has a US presence. I am also not sure if I should say anything - this clearly has nothing to do with me. But I would hate for them to be surprised later, especially as I know my company plans to sponsor his greencard.

Advice?

Thanks,
Cindi

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Mon Apr 09, 2007 2:10 pm

One cannot do work while physically in US without US authorization.

Some have argued that work for a foreign employer, if that employer does not benefit from the workers presence in the US, and if the Cdn employer has no dealings with the US, can be permitted.

I usually find that most who do this kind of thing simply try to justify their illegal activity.

In all cases, the income from such work, illegal or not, must be reported on one's US tax returns.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

worryfreeinvestor
Posts: 141
Joined: Thu Mar 24, 2005 6:17 pm
Location: Seattle, WA

Post by worryfreeinvestor » Fri Apr 13, 2007 12:05 am

None of my business, and I know this'll draw a flame from nelsona, but if she works for her Canadian employer from her U.S. home and the Canadian employer pays into her Canadian bank account, and she pays Canadian taxes as a non-resident, .....sure it's illegal from the IRS perspective, and I'm sure the tax (and other treaties) have a legal mechanism for the IRS to request info from Canada Revenue Agency, .......... but really, what is the risk of getting caught?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Apr 13, 2007 6:19 am

just to make small correction, it's illegal from USCIS point of view.

It's only illegal from IRS pov if she doesn't report the income.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

DG001
Posts: 8
Joined: Mon Apr 09, 2007 11:22 am

Update

Post by DG001 » Fri Apr 13, 2007 8:45 am

I did talk to my colleague about it - casually asked if the lawyer had okayed her working on in Canada. He said that she has actually got a TN now from her Canadian co - they have a US presence, so its all legit.

Phew!

Thanks for the responses all!

wildcard
Posts: 15
Joined: Fri May 13, 2005 3:17 pm

Post by wildcard » Sat Jan 26, 2008 4:58 pm

Sorry for reviving this thread but I'm a little confused on this. Does this mean a Canadian who is present in the US, cannot do any work for his Canadian employer at all? For example a Canadian on vacation and checking his *work* email, sending some emails, etc.

I know its probably a minor detail to some folks, but I know the CBP likes to get caught up in details.

regina
Posts: 22
Joined: Wed Jan 30, 2008 8:16 pm
Location: San Diego

Post by regina » Thu Oct 16, 2008 3:15 pm

I think the point is the wife is on H4, which means no work whatsoever in the States, paid or no paid.
Regina

Post Reply