can I work via laptop for Canadian clients while in the US with AOS or CR-1 pending?

[Simmy 3]

I think the topic title pretty well says it all.

I've read conflicting information, both elsewhere on the net and here on VJ. On one hand, it would seem obvious that it's okay. On the other hand, it's suggested that legally I can't work while visiting the US during a pending AOS or CR-1 application, even if it's via laptop for Canadian clients (I'm a web programmer).

Whether I go AOS, I go CR-1 and tell them when I was in the US visiting, (my preference is to be here in the US with my wife as much as possible), I will have to explain to them how I made my money while here. Thus this is a significant question.

Any info appreciated.

Much respect,

Simmy

[ValerieA 350]

As from the other thread, my lawyer says NO. Under NO circumstances am I to work until I get legal status here. While I was here visiting, it was the same thing. I explained to her my scheme to do online accounting for some Canadian businesses, and she veto'd it. I am hoping Jim or someone can chime in with an actual case law link.

[Peachey 10]

I've been working since the day I got here and I haven't had any problems. I even called the department of state about it and they said it wouldn't be a problem.

[ValerieA 350]

I've been working since the day I got here and I haven't had any problems. I even called the department of state about it and they said it wouldn't be a problem.

On a K-1 visa, correct? Not a B-2 visitor visa?

Sorry, Peachey, forgot to ask also - you are working for a Cdn company?

Edited July 28, 2010 by ValerieA

[Peachey 10]

Yeah sorry, I guess it was a K-1 for a Canadian company. I'm not sure what the OP has. I guess I didn't completely understand what he was saying.

DOS said they didn't have a problem with it, mainly because my money stayed in Canada.

[ValerieA 350]

Yeah sorry, I guess it was a K-1 for a Canadian company. I'm not sure what the OP has. I guess I didn't completely understand what he was saying.

DOS said they didn't have a problem with it, mainly because my money stayed in Canada.

It still might apply...I dunno. My lawyer, while I vent about her, has never actually been wrong about anything, she just wasn't totally up to date on all requirements re: Canada. But, she still could be wrong, for sure. I can't find any case law online because I don't really know where to look.

[Simmy 3]

Peachey I'm here as a visitor, ie. no visa, just crossed the border, and considering the AOS process as well as the CR-1 process.

Interesting that they said it's fine if your money stays in Canada. My argument would be that I'm using the money I make to support myself for the 3 months that I'm here. So definitely not staying in Canada. But did your money really stay in Canada? It's as simple as going to a bank machine to withdraw it. Weren't they concerned about that?

[Flames9_RN 358]

One should enter the USA as a visitor already with enough $$$,so that isn't a valid reason.

I know a few other cdns while on a K1/k3 have continued to work online for a cdn company. It is prob 1 of those grey areas!!

[Kittyfang 6]

This is just me playing Devil's Advocate, so please, no yelling or name calling.

I have been told that without an SSN or ITIN, it's very hard for USCIS and even IRS to figure out if you've worked or not.

Again, I'm just saying. I am NOT advocating this and I am aware that no one should even think of advocating this as an option. I am just mentioning it because it does apply.

[Peachey 10]

Peachey I'm here as a visitor, ie. no visa, just crossed the border, and considering the AOS process as well as the CR-1 process.

Interesting that they said it's fine if your money stays in Canada. My argument would be that I'm using the money I make to support myself for the 3 months that I'm here. So definitely not staying in Canada. But did your money really stay in Canada? It's as simple as going to a bank machine to withdraw it. Weren't they concerned about that?

Actually my money did stay in Canada because I'm using it to pay off my students loans (which still come out of my Canadian bank account) and I use it when I go for visits.

[Simmy 3]

Please be nice!

[Ban Hammer 13,334]

one personal attack removed. please discuss the topic without the personal swipes.

[Hugglebuggles 60]

I don't really see how being here on a K-1 vs being here on a visitors visa would make any difference in this regard. In either case you don't have authorization to be employed in the US. Personally, I trust Peachey's advice on this one since she actually called DOS and was specifically told it is fine. Where the money goes may be an interesting distinction, I'm not sure. With that said, there have been many K-1 Canadians who have continued to work remotely for their Canadian employers and as far as I know, nobody has been reprimanded in anyway for doing this. I seriously doubt all of these people left 100% of their earnings in Canada.

Simmy, if I were you I would maybe try calling the Department of State to get an opinion on the matter. It may give you some peace of mind!

[LiLMermaid 2]

I personally can't see how it would be a problem. How many times has one visited the US and withdrew money from a bank machine? Why would it matter when the money was deposited into that account in Canada? You are not allowed to work in the US for a US company and take away a job from a citizen or LPR. Thats why the law is in place. Not to prevent people from visiting and working for their Canadian employer remotely. That would kind of end a lot of business trips.

[Sprailenes 47]

one personal attack removed. please discuss the topic without the personal swipes.

You're no fun!