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Loki_Go

Moving to the US but working remotely to Canada

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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!


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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


The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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. :/


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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.


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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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.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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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 by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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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


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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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.


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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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 by Rob L

The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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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 by Rob L

The content available on a site dedicated to bringing folks to America should not be promoting racial discord, euro-supremacy, discrimination based on religion , exclusion of groups from immigration based on where they were born, disenfranchisement of voters rights based on how they might vote.

horsey-change.jpg?w=336&h=265

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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.


2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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