Tricky work related question

[DS1419 1]

So I've just recently submitted our I129F package for my fiance visa, in order to move from Vancouver to Seattle, so my guess is it should be through by next May the latest (we're getting married in July). My question is this:

I currently work on a contract in Vancouver, which officialy expires next June, and my employer knows I may be leaving earlier depending on the Visa processing time. They have asked me, since most of my work is done through the net or on my computer, if I would be able to still work until next June after crossing the border (though obviously remotely since I would not be allowed back into Canada once crossing, and they know this). Is this allowed? I would be living in the states, without employment auth documents to start, though still "working" for a company in Canada at this time, albeit remotely from Seattle. I just want to make sure this would not violate any laws or cause any problems later on. Any further info into this issue would be greatly appreciated, as it's not something I'd think is very typical. Thanks,

DS

[DS1419 1]

Topic was supposed to read "Tricky work related question" not word. Sorry for the confusion.

[Jess and Andrew 1]

You'll read conflicting information on this topic everywhere. Technically, the answer is no, you cannot work, period. However, the reason for the law is so that non US citizens don't come and take jobs US citizens could do without authorization. The issue is that the law never kept up with the technology which now makes it possible to work entirely for a foreign employer from your home in the US.

So the answer isn't straightforward. More than likely, you'd never run into an issue. But there's a risk there that someone during the AOS process takes the law by the letter. That's a choice you have to make.

[DS1419 1]

You'll read conflicting information on this topic everywhere. Technically, the answer is no, you cannot work, period. However, the reason for the law is so that non US citizens don't come and take jobs US citizens could do without authorization. The issue is that the law never kept up with the technology which now makes it possible to work entirely for a foreign employer from your home in the US.

So the answer isn't straightforward. More than likely, you'd never run into an issue. But there's a risk there that someone during the AOS process takes the law by the letter. That's a choice you have to make.

Thanks for the help. From viewing your signature, looks like you two are on the same path I am, just on the East Coast instead. So from filing on April 2nd, your interview is just over 6 months later. That is good time! I hope ours is about the same here, though we've left about a 3 month cushion. Hoping to move sometime in late April/early May so to have 2 months before the marriage.

[Krikit 1,163]

There are quite a number of people who have done this.... myself included. It is perfectly legal. You will need to make sure your employer taxes you at the non-resident rate. There are a few threads in the Canadian Regional Forum about this. I'm going to transfer this topic from the K-1 Process forum to the Canada Forum because that's where you'll find the most information, but you will also be able to find a few threads on it in the Working & Travelling section.

Topic was supposed to read "Tricky work related question" not word. Sorry for the confusion.

I fixed that for you.

[Udella&Wiz 325]

Echoing Krikit's comments

The US government cannot prevent you from working for your old Cdn employer no matter where you're living....you're legally able to work for a Cdn employer because you're Cdn

Once you move here - you'll be applying for work authorization (EAD)as part of Adjustment of status (AOS) to work for a US Employer...

Hope that makes sense.

[warlord 72]

You'll read conflicting information on this topic everywhere. Technically, the answer is no, you cannot work, period. However, the reason for the law is so that non US citizens don't come and take jobs US citizens could do without authorization. The issue is that the law never kept up with the technology which now makes it possible to work entirely for a foreign employer from your home in the US.

So the answer isn't straightforward. More than likely, you'd never run into an issue. But there's a risk there that someone during the AOS process takes the law by the letter. That's a choice you have to make.

Yes this is what I've heard too, that no one cannot work for any reason while in the US without a proper visa for it. Now the whole thing is INS isn't going after people or cracking down. But many have been asked at the border if they are going to be working for a company in the US or in Canada. People suggest that they are asking that for a reason. Others have stated that it is because one can't work period.

I don't know of any specific visa one could get though to allow it if in fact it is illegal. Most sources though say you 'technically' cannot do that, but no one ever seems to have an issue if they do. You might just want to contact the USCIS and just double check on the rules as it's definately not a easily stated one in their guidelines and is a very gray area as mentioned...

[Krikit 1,163]

I did an InfoPass to speak with a well informed officer. He very clearly indicated that there was nothing illegal in continuing to work for your Canadian employer. In fact, the Advance Parole application specifically states that it can be issued for bonafide business reasons..... meaning you can travel to Canada to work while you are awaiting your status adjustment.... which I did also. (I never applied for an EAD.) There are other threads on this topic where the OP has also verified this information with USCIS.