Working for a Canadian company after moving on K1

[MissPearls 38]

Hey there, fellow Canadians!

So, I have a question that I know has probably been asked far too many times before. But I'm starting to stress, and my brain has shut down.

I got an interesting call from my employer tonight about hypothetically keeping my employment when I move in a few months. We have 2 head offices, and one happens to be not too far from where I am moving. So I'm wondering, because I will be moving on a K1, not CR1, I will not have my work authorization right away. Can I, work for a Canadian company while waiting on the US work authorization? Or, do I have to wait until I have it? Is it possible to remain employed by them after?

On top of everything else I have to get done in the next month, this last thing just broke me. Sigh.

Thanks in advance for your input!

[Ontarkie 14,224]

This comes up every now and then. I posted a link in that thread below. But the Short answer is yes if you are paid in Canadian from a Canadian company. Not a US employer.

http://www.visajourney.com/forums/topic/554580-working-remotely-at-home-in-us-while-waiting-for-ead/

[MissPearls 38]

Interesting. It definitely seems like a grey area type of situation, but at least it gives me something to think about now. Thank you so much!

[Udella&Wiz 325]

You mention you have 2 headoffices. I presume you would be working through the US head office which would be a US employer doing US payroll - you're not authorized to do that 'yet'

[MissPearls 38]

Yes for the US office, no to the US payroll, it would be my Canadian job paid through Canadian payroll, into a Canadian bank account.

[CAMama3 1]

Would you work at the US office? Like physically go in there to do you Canadian job?

I think you are getting into less grey area when the company has US based offices... even if you are working remotely (not at their office, like from your house) doing your Canadian job, being paid CAD into a Canadian account.

[MissPearls 38]

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.

[Ontarkie 14,224]

I think if you're going into the US office you would need the work permit.

[MissPearls 38]

It's interesting that the only thing that makes it not okay is where I plan to do the work. A park bench is fine, an office not so much, lol.

[Udella&Wiz 325]

I wasn't asking where you'll physically work - I was asking if you'll be paid on a US payroll (vs the Canadian payroll which would deposit into your Cdn bank account like now).

ie: I could still be working for my current company but doing it out of a café in gay Paris - I would still be working for a US company regardless of where I physically get the work done.

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.

[aaron2020 11,651]

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.

Hi,

You can not work in the U.S. at the U.S. office. That's unauthorized work. That's a job that can go to someone authorized to work here.

Getting paid through Canada would just be an illegal work around to not being able to pay you in the U.S. because you lack work authorization. You will work in the U.S. at a U.S. office, and you and the company would avoid paying US taxes. Not a good idea.

Best of luck

[Flames9_RN 358]

The other ones that I read on here that were a "grey area" seemed to be more working for Canadian clients. They too had a USA and Cdn office, but their work was dealing with Canadian clients and everything (payroll, clients were Cdn), just working remotely from the USA. You won't find a 100% answer here on VJ, maybe the company has a legal team you would be better asking

[Udella&Wiz 325]

Have to agree - if you ever had to explain in an immigration interview why you were working (even if it was from home) and no matter who you worked for...it would be tough. You really don't want to risk anything during this period.

Hi,

You can not work in the U.S. at the U.S. office. That's unauthorized work. That's a job that can go to someone authorized to work here.

Getting paid through Canada would just be an illegal work around to not being able to pay you in the U.S. because you lack work authorization. You will work in the U.S. at a U.S. office, and you and the company would avoid paying US taxes. Not a good idea.

Best of luck

[CAMama3 1]

We are all just giving our opinions because there is no concrete answer yet, like Flames said. The point is at what point can you be seen as doing a US job. Working for a Canadian company with no US offices, being paid CAD into a Candian account... that's fine (IMO), there is no way to be seen as a US job. But then as you add in more ties to the US, it gets riskier (again IMO). Working physically at the US office seems to slide past the "grey area" to me and one would need work authorization for that. Good luck with your decision.

[MissPearls 38]

So, to answer the previous questions here, since I got a decent amount of feedback! Thank you all!

I would be paid from the Canadian payroll, not the US.

No, it would not take a job away from an American, as it's a Canadian position that would never be hired for out of the US. I don't really want to go in the tons of reasons, but no, it wouldn't.

I have decided not to go with it any rate, not even because of the grey area of it. I've just been there for 5 years, it's time to move on, plus, my fiance said he wouldn't marry me if I took it. He was kidding, but I get his point. I happened to get the offer on the same day I was giving my notice. Just a lot going on, and figured I would think on it. I think I will take my well earned vacation, get used to life in the US, and start new. The rest of the my life will be new, my job should be too! I really appreciate all the help.