Working for a Canadian company while waiting for EAD in USA ?

[Waiting in Vancouver 6]

Here is a little history before I ask my question ...

I currently live in Canada and I have yet to tell my employer on my plans to leave the company and move down to the USA... I have been with this company for well over 15 years now and they have come to really depend on me ... I am the manager of our department and have about 8 people working under me ... none of which will be able to step into my shoes ... I feel bad about just leaving, but me worrying about my employer is one of the reasons on why it has taken this many years for me to finally decide it is time to live my own life, be happy and move down to the USA to be with my future wife ...

I know when I give my boss the news he will not be the happiest camper .... I do plan on giving him about 1 to 1.5 months notice before I leave .... I am not planning on giving him my notice till we have the K-1 visa in hand ...

I am wondering if the US goverment allows a person to be working and collecting money from a Canadian company while they are waiting for their work authorization (EAD). I'd be surprised if it was allowed but figured it wouldn't hurt to ask the question here.

I just want to know the answer to this question incase my current employer suggests this when I tell him I am leaving. I can do alot of my work via the internet.

Thank you for any advice

[Canuck Carrie 1]

I had a similar question a few weeks back, the thread is here. I personally was not comfortable with the 'gray' area.

[JubJub 0]

Employment authorisation is required when working for a US company. If you are working for a Canadian company, and being paid in Canada, you don't need one. Even if you are working remotely in the US. Definitely declare the income to the IRS come tax time once you become a resident, if you are paying taxes in Canada, you may eligible for a tax credit in the USA.

If it were otherwise, can you imagine all the people that come to the USA for temporary business purposes? They would all require an EAD as well.

[meauxna 15]

Employment authorisation is required when working for a US company. If you are working for a Canadian company, and being paid in Canada, you don't need one. Even if you are working remotely in the US. Definitely declare the income to the IRS come tax time once you become a resident, if you are paying taxes in Canada, you may eligible for a tax credit in the USA.

If it were otherwise, can you imagine all the people that come to the USA for temporary business purposes? They would all require an EAD as well.

JubJub, can you supply a source for your information; it contradicts everything I've always read.

People who come to the US for temporary business are admitted for that purpose (B, VW-B etc).

[cmartyn 0]

I dont think it is kosher either. But I wouldnt hesitate to do it given the chance. I mean, who is going to know? And who are you hurting? This legislation is in place to protect American Jobs.. thats a bit of a joke since you can ship their work overseas without blinking these days. What do they expect? The Canadian firm to find a work authorized US person? Lol.. too funny.

[happyimmigrant 0]

Here is a little history before I ask my question ...

I currently live in Canada and I have yet to tell my employer on my plans to leave the company and move down to the USA... I have been with this company for well over 15 years now and they have come to really depend on me ... I am the manager of our department and have about 8 people working under me ... none of which will be able to step into my shoes ... I feel bad about just leaving, but me worrying about my employer is one of the reasons on why it has taken this many years for me to finally decide it is time to live my own life, be happy and move down to the USA to be with my future wife ...

I know when I give my boss the news he will not be the happiest camper .... I do plan on giving him about 1 to 1.5 months notice before I leave .... I am not planning on giving him my notice till we have the K-1 visa in hand ...

I am wondering if the US goverment allows a person to be working and collecting money from a Canadian company while they are waiting for their work authorization (EAD). I'd be surprised if it was allowed but figured it wouldn't hurt to ask the question here.

I just want to know the answer to this question incase my current employer suggests this when I tell him I am leaving. I can do alot of my work via the internet.

Thank you for any advice

The advice given in this thread thus far is incorrect.

You cannot work in the US for benefit or remuneration of any kind, from any company, unless you have work authorization. There are exceptions, such as if you are an employee of a Canadian company attending a seminar in the US. From the Department of State web site:

...consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract.

You could not, for instance, visit a client and do work for them while you were there.

However, if you are working in the US, regardless of who is paying you, and you are receiving benefit for that work, then you MUST have authorization to work within the US.

Try going on a business trip to the US, and when you enter, tell them that you will be visiting a client to fix their computer. You will be denied entry.

[JubJub 0]

JubJub, can you supply a source for your information; it contradicts everything I've always read.

People who come to the US for temporary business are admitted for that purpose (B, VW-B etc).

Well when you are admitted via a B or VW-B, you don't also need an EAD. You may be entering for business meetings, conventions, consulting etc. A myriad number of things. The main point I believe is that you are not taking away a job that a US person could fullfil. If the guy is working for a company and getting paid in Canada, remotely, that is not something a US person could be doing.

If he was to setup a consulting service in the US, and charge people? Then yes, he would need an EAD.

In the end, you have to make your own decision.

[caviar22 1]

Once you have your K1 visa activated and you have gone down I don't think you will be able to work in Canada as you will need Advance Parole to leave the U.S.

Until your K1 is activated, you can continue to work in Canada. One note... a friend who had been at the same company for 13 years decided to give 2 months notice -- manager, 17 employees... blah blah blah... they escorted her out of the building that day, gave her 2 weeks pay in lieu of her notice. She had to take them to court -- won a nice severance pay which I think was 1 week pay per year of employment... of course her lawyer got most of it!

Just be careful and be prepared... there is no employer/employee loyalty anymore... I have also been asked to leave immediately when giving notice --- wasn't worth my time or $$ to fight but it sure hurt as I had made alot of friends and we were not able to properly part. I had NO CLUE that would happen!!! It is not always like this but just be prepared!!

Good luck!

[Waiting in Vancouver 6]

Once you have your K1 visa activated and you have gone down I don't think you will be able to work in Canada as you will need Advance Parole to leave the U.S.

Until your K1 is activated, you can continue to work in Canada. One note... a friend who had been at the same company for 13 years decided to give 2 months notice -- manager, 17 employees... blah blah blah... they escorted her out of the building that day, gave her 2 weeks pay in lieu of her notice. She had to take them to court -- won a nice severance pay which I think was 1 week pay per year of employment... of course her lawyer got most of it!

Just be careful and be prepared... there is no employer/employee loyalty anymore... I have also been asked to leave immediately when giving notice --- wasn't worth my time or $$ to fight but it sure hurt as I had made alot of friends and we were not able to properly part. I had NO CLUE that would happen!!! It is not always like this but just be prepared!!

Good luck!

Well I wasn't planning on actually living in Canada working ... What I was asking was if I could be living in the US and working from there without having to leave the US and not yet have my EAD ... Regardless it appears that I can't ...

Your comments about your friend and yourself being asked to leave right away is the same reason why I have decided to not tell my employer until I am prepared which will be after my interview and the acceptance of the K-1 Visa ...

I have done some research and from what I have read it appears that your employer can't force you out without paying you a weeks salary for every year that you have worked at the company up to a maximum of 8 weeks ... The only problem with this is the cost to fight such a thing if they do in fact "fire" you ... I guess when I tell them will be when I find out how much they appreciated me over the past 16+ years ...

[caviar22 1]

Good luck with your case and please, keep us posted!!! I hope all goes smoothly and that they will treat you with respect and exitement and then, throw you one big-A5S party!!!

Edited March 31, 2006 by caviar22

[leolexi 0]

why does this seem so confusing?

when my wife moves down, she will most likely remain employed by her company, who is based out of canada.

she will then maybe travel to canada a few times a month for work, and work from home here for them.

she will have a greencard, so she wont need an ead, right? what about taxes, both us and canadian are to be paid?

thx!

[Kez/JWolf 6]

leolexi

It all depends on what visa your SO enters the states on..... if it is a K1 or a K3 then no they cant do any work until they have a EAD... if they come on a CR1 then yes they get there greencard with a few weeks and can work....

Kezzie

[leolexi 0]

thanks for the info, she has cr1. any reason she cant just work for them? and anyone know where the taxes go?

complicated :/

[cmartyn 0]

The taxes go out the frigging window.. Last year my wife made about 50K Cdn doing consulting work for her old Canadian employer. My Tax guy reported it as Canadian income and left her as a resident of Canada because the tax rate was lower due to the personal exemption and the fact that she would have to pay US socal security she made out about 500 bucks better that way.

[leolexi 0]

good to know.. thx