Moving to the US but working remotely to Canada

[Loki_Go 126]

My company is considering making me an offer to work remotely after my move. I've read that this is at best a grey area so I'm wondering if anyone here has actually done that? We're likely to sit down this week to discuss it further and I'd like to be certain this is even possible. Thanks!

[Rob L 3,811]

I am not an expert, but if you are on a Canadian payroll while working remote, who would even care?

[aaron2020 11,651]

I am not an expert, but if you are on a Canadian payroll while working remote, who would even care?

The U.S. government cares. Immigration cares. The IRS cares.

[Ontarkie 13,915]

Here are the most recent threads about this.

http://www.visajourney.com/forums/topic/559173-working-for-a-canadian-company-after-moving-on-k1/

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

Edited August 5, 2015 by Ontarkie

[Loki_Go 126]

I've read all those threads and no one who posted has actually done it. I'm hoping to find someone that's done it and it's worked out. My company is global but I'm working for the main Canadian location. And by global I mean Germany, Mexico, China, India, and Brazil. No US offices. Paid in Canadian into my Canadian account.

All those threads are speculating. :/

[Ontarkie 13,915]

You're really going to have to dig for those threads. Most of the Canadians that did are no longer active.

[Loki_Go 126]

Is the Ask A Lawyer feature on this site reliable? I filled it out and it wanted to charge me $50 to ask the question.

Thanks for the help, Ontarkie.

[Ontarkie 13,915]

No clue, you might want to look through some threads in the Working and Traveling forum. I know there was some discussion of this there also.

[Loki_Go 126]

Well, I'm digging but not having a lot of luck. :/

We're allowed income from Canada- if we weren't we wouldn't be able to collect Unemployment when we become eligible right? That money has to be declared on our US tax forms and is legal. I've read that the idea of working remotely is newer than the rules so that's why finding and answer isn't easy.

My BF is calling a US lawyer so maybe he'll have some input soon. Other wise maybe I can get a GoFundMe together to raise the $50 so all those who have asked the question can get an answer lol

[Ontarkie 13,915]

I know I've been on here since 2007 and seen ppl do just that with no problems. It was even mentioned at the AOS interview. I wish they would just spell it out in big red letter.

Edited August 5, 2015 by Ontarkie

[Udella&Wiz 325]

ugh, its all so vague...logically what you're saying makes perfect sense.

Sadly USCIS isn;t ever up to date on latest technology (ie working remotely being a possibility). Also sadly, I would say good luck finding an immigration lawyer who can actually help or knows something. Unless USCIS issues an edict they can chose to interpret their own wording how they like and it could be up to your IO who interviews you - that would be unfortunate to get to that point and have them decide that you've done something against the rules.

With regard to Unemployment - it won't break the rules since you won't be eligible until USCIS gives you Work authorization and you send that to the Ottawa Unemployment office - so you won't be receiving it between entry and work authorization - no rules broken

Well, I'm digging but not having a lot of luck. :/

We're allowed income from Canada- if we weren't we wouldn't be able to collect Unemployment when we become eligible right? That money has to be declared on our US tax forms and is legal. I've read that the idea of working remotely is newer than the rules so that's why finding and answer isn't easy.

My BF is calling a US lawyer so maybe he'll have some input soon. Other wise maybe I can get a GoFundMe together to raise the $50 so all those who have asked the question can get an answer lol

[Loki_Go 126]

Good point on the EI thing. I didn't think about that.

I guess the only thing I can do is ask at my interview then. I don't plan on crossing ASAP after my interview (and assuming I pass). If my work sends me a serious offer I'll ask them to consult with their lawyers about working remotely.

However, I've also read that if I've been found guilty of working illegally that when I adjust status, that becomes forgiven. Is that true? I'm not looking to commit fraud. I desperately want to do this legally.

[Rob L 3,811]

Good point on the EI thing. I didn't think about that.

I guess the only thing I can do is ask at my interview then. I don't plan on crossing ASAP after my interview (and assuming I pass). If my work sends me a serious offer I'll ask them to consult with their lawyers about working remotely.

However, I've also read that if I've been found guilty of working illegally that when I adjust status, that becomes forgiven. Is that true? I'm not looking to commit fraud. I desperately want to do this legally.

Here is a discussion on the topic between two immigration lawyers. The answer is quite murky, but if you are performing work "in the cloud" and your income is offshore, you may be ok.

http://www.ilw.com/articles/2012,0625-Paparelli.shtm

Edited August 5, 2015 by Rob L

[Rob L 3,811]

The U.S. government cares. Immigration cares. The IRS cares.

Yes but at what point. If a Canadian is on vacation in New York and they reply to a work email are they guilty of violating US Immigration and work laws?

The law has not yet caught up with the reality of today's virtual society

Edited August 5, 2015 by Rob L

[Loki_Go 126]

You're right Rob L, it seems the law hasn't caught up, which is unbelievable for 2015.

That link is an interesting read and clear as mud.