Working for a Canadian company while in the US

[Wisconsinbound 1]

Hello there, I picked up my K1 visa today from Canada Post, and I have some questions about moving forward. I will be getting married on June 24th in Wisconsin, and I aim to enter the US on June 18th. I have some time, but I'd like to weigh my employment options sooner rather than later. I currently have a decent job in Canada which pays $50,000+ annually. It is a unique office job, where my work is almost entirely remote work, seeing as the company is based in New York.

 

I was wondering if it was possible for me to enter the United States, get married and still (legally) work for the company, while collecting income to my Canadian bank account, and receiving my paystubs to my Canadian address. This would only be for the 8-12 week processing period of the I-765. At which point, I would arrange with my employer to work as an American employee.

Much appreciated

[Cryssiekins 976]

Just as info: the i765 processing time is about 4-5 months right now. 

 

I'm not entirely sure if that's possible especially if it's an American employer bc that's technically taking a job from a USC. 

 

You may need to take an LOA until you have an EAD. 

 

That was my situation.  Canadian employer but the company was owned by an American parent.  I could do title exams and corporate filings remotely but I felt like it was too much of a grey area and I couldn't find a definitive answer.  So

from October to Mid-March, I just enjoyed the stay-at-home wife role :-) 

[geowrian 22,338]

Your plan is generally considered a gray area...basically caught in the gap between tax law and immigration law due to outdated laws regarding the ability to work remotely. Some lawyers will say it's not an immigration issue (still might be an IRS issue), and other lawyers would say it's prohibited as it could be displacing a US worker. Personally, I feel that having the US-based branch tilts it into an area too risky for me to advise it. YMMV.

Edited May 2, 2017 by geowrian

[NikLR 13,231]

I actually agree with geowrain on this.  Had the employer been a Canadian based company, you likely wouldnt have had any issues.  But they're not and when you activate your k1, you will no longer be a Canadian resident. But as you already have a job, and pursued the K1 vs the CR1  (which would have allowed you to work right away) you can request an expedite for your EAD due to job offer from continuing company.  

 

~~moved to Canada regional forum from tax and finances~~

[MapleLeaf29 247]

On May 2, 2017 at 5:54 AM, NikLR said:

I actually agree with geowrain on this.  Had the employer been a Canadian based company, you likely wouldnt have had any issues.  But they're not and when you activate your k1, you will no longer be a Canadian resident. But as you already have a job, and pursued the K1 vs the CR1  (which would have allowed you to work right away) you can request an expedite for your EAD due to job offer from continuing company.  

 

~~moved to Canada regional forum from tax and finances~~

It's good to know about the expedite option.  My fiancé works remotely for a company in China and they have told him his job will be waiting for him when he gets his EAD. It would be great if we could expedite and he could start working faster!  He is already chafing at the idea of not having much to do for a few months.  I tried to cheer him up by telling him he could cook and clean, but for some reason, he wasn't too excited about that.  I will have to look into the requirements to expedite an EAD.  Will he need a letter from the company?

[NikLR 13,231]

On 5/13/2017 at 6:43 PM, MapleLeaf29 said:

It's good to know about the expedite option.  My fiancé works remotely for a company in China and they have told him his job will be waiting for him when he gets his EAD. It would be great if we could expedite and he could start working faster!  He is already chafing at the idea of not having much to do for a few months.  I tried to cheer him up by telling him he could cook and clean, but for some reason, he wasn't too excited about that.  I will have to look into the requirements to expedite an EAD.  Will he need a letter from the company?

Yes. 

[Wisconsinbound 1]

Thank you, I appreciate everyone's advice

[Teddy B 17,252]

This would be a gray area if you were entering on a tourist visa and planning to work remotely while in the US. In your case you are entering on a K-1 visa to marry a US citizen and become a permanent resident. Even if you working remotely was considered illegal (which I personally do not think it would), any illegal work is forgiven when marrying a US citizen. I think you're covered.

 

My wife worked remotely in the US for 3 months while in the US as a Canadian tourist, no problems.

Edited June 16, 2017 by Teddy B