Working for Canadian employer while waiting for AOS

[tjhfx 0]

Hi there!

I have a question and have been trying to find an answer but have been unsuccessful so far so I am hoping you can help me! I am a Canadian citizen and we applied for a K1 visa. My interview is scheduled for August and my current employer in Canada is allowing me to work from the States until I can find a job. It is kind of nice because it allows me to earn an income while I am waiting for paperwork. My questions are: 1) Is it possible for me to work remotely for my Canadian employer while waiting for the AOS/Green Card? and 2) if I needed to, is there any way in which I might be able to leave the US for a short period of time until the green card is issued if I needed to go to the office?

Any help would be appreciated! I've been trying to find an answer but have not found a specific situation like mine.

Thanks guys!

[KayDeeCee 4,893]

~ Moved from K-1 Process to Working & Traveling During US Immigration - topic is working ~

[Lauren and Kevin 55]

Hi tjhfx - I had a similar situation to yours, where my UK company was looking into giving me remote work while in the US.

However, the more I looked into declaring the work for tax purposes in the country I was domiciled in (the USA) waiting for my EAD the more complicated it became...

You have a situation where for tax purposes you may have told Canada you have left, but in the USA you can't work - so how do you deal with the income? Will it appear on your USA tax return for a period when you were not supposed to be working as without a green card?

Waaay too complicated for my little brain...I'm going to take the hit for the three months, rather than work out if I would be breaking the rules - and start again in the USA

..and here's a hard question for you - would they really be doing you a favour - I know the money would help, when maybe a clean break and really starting your new life, and assimilating to be a true American would be your focus?

Edited June 30, 2015 by Lauren and Kevin

[tjhfx 0]

Thanks Lauren and Kevin for your reply!

I'm not quite sure it would be an issue in regards to the tax situation. I would still be working for a Canadian employer and as such, file a Canadian tax return at the end of the year. I am just not sure if it is an issue to do it while waiting for my green card/work authorization.

I don't live far from the border so I don't think it is that unusual to travel back and forth between the two countries. It has less to do with me becoming a American than to be with my new family and contributing. Once I am able to legally work in the US, I would stop working for my Canadian employer and find a job here. I am doing my employer a favour and they do me a favour in return

[spielerin 24]

Thanks Lauren and Kevin for your reply!

I'm not quite sure it would be an issue in regards to the tax situation. I would still be working for a Canadian employer and as such, file a Canadian tax return at the end of the year. I am just not sure if it is an issue to do it while waiting for my green card/work authorization.

I don't live far from the border so I don't think it is that unusual to travel back and forth between the two countries. It has less to do with me becoming a American than to be with my new family and contributing. Once I am able to legally work in the US, I would stop working for my Canadian employer and find a job here. I am doing my employer a favour and they do me a favour in return

I have similar situation as yours.

[tjhfx 0]

Have you been able to find any more information about this?

[Boiler 45,513]

Tax and Immigration are generally separate issues.

K1's are work authorised, they just do not have evidence and an EAD takes so long it is hardly worthwhile.

In this case you do not need evidence so not a problem.

[tjhfx 0]

Tax and Immigration are generally separate issues.

K1's are work authorised, they just do not have evidence and an EAD takes so long it is hardly worthwhile.

In this case you do not need evidence so not a problem.

So, do you think it is an issue to do the work for my old employer while waiting for the K1? Can you explain what you mean by evidence? Any time frame as to how long it takes to be able to leave the country if needed? I have both family and the office in Canada, so if something ever happened I'd like to be able to leave or go to the office if need be

[Boiler 45,513]

For a US Employer you need to complete an I9 which needs evidence ie EAD.

[tjhfx 0]

But I will be working for my old Canadian employer from remote, I know I need an EAD if I want to work for an employer in the states.

[Boiler 45,513]

If you work for a US Employer you need an EAD.

[spielerin 24]

Have you been able to find any more information about this?

I am getting different answers. In general, it's grey area I guess...

[LittleHobo 0]

I just asked the very same question. I would really like to know the answer. Tough to get to the bottom of this one!

[tjhfx 0]

This question obviously wasn't answered in any way... If you ever hear anything, let me know. I am tempted to ask immigration next time I cross....

[Boiler 45,513]

Always a good idea to read the replies.