Jump to content
MissPearls

Working for a Canadian company after moving on K1

15 posts in this topic

Recommended Posts

Hey there, fellow Canadians!

So, I have a question that I know has probably been asked far too many times before. But I'm starting to stress, and my brain has shut down.

I got an interesting call from my employer tonight about hypothetically keeping my employment when I move in a few months. We have 2 head offices, and one happens to be not too far from where I am moving. So I'm wondering, because I will be moving on a K1, not CR1, I will not have my work authorization right away. Can I, work for a Canadian company while waiting on the US work authorization? Or, do I have to wait until I have it? Is it possible to remain employed by them after?

On top of everything else I have to get done in the next month, this last thing just broke me. Sigh.

Thanks in advance for your input!


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites

This comes up every now and then. I posted a link in that thread below. But the Short answer is yes if you are paid in Canadian from a Canadian company. Not a US employer.

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


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

 

Share this post


Link to post
Share on other sites

Interesting. It definitely seems like a grey area type of situation, but at least it gives me something to think about now. Thank you so much!


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites

You mention you have 2 headoffices. I presume you would be working through the US head office which would be a US employer doing US payroll - you're not authorized to do that 'yet'


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

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

Share this post


Link to post
Share on other sites

Yes for the US office, no to the US payroll, it would be my Canadian job paid through Canadian payroll, into a Canadian bank account.


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites

Would you work at the US office? Like physically go in there to do you Canadian job?

I think you are getting into less grey area when the company has US based offices... even if you are working remotely (not at their office, like from your house) doing your Canadian job, being paid CAD into a Canadian account.


K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

Share this post


Link to post
Share on other sites

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites

I think if you're going into the US office you would need the work permit.


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

 

Share this post


Link to post
Share on other sites

It's interesting that the only thing that makes it not okay is where I plan to do the work. A park bench is fine, an office not so much, lol.


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites

I wasn't asking where you'll physically work - I was asking if you'll be paid on a US payroll (vs the Canadian payroll which would deposit into your Cdn bank account like now).

ie: I could still be working for my current company but doing it out of a café in gay Paris - I would still be working for a US company regardless of where I physically get the work done.

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.


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

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

Share this post


Link to post
Share on other sites

Yes, I would just use a spare office. They are the subsidiary office. I would strictly be working for the Canadian side though. I don't know if I even want to at this point, but weighing my options isn't a bad thing.

Hi,

You can not work in the U.S. at the U.S. office. That's unauthorized work. That's a job that can go to someone authorized to work here.

Getting paid through Canada would just be an illegal work around to not being able to pay you in the U.S. because you lack work authorization. You will work in the U.S. at a U.S. office, and you and the company would avoid paying US taxes. Not a good idea.

Best of luck

Share this post


Link to post
Share on other sites

The other ones that I read on here that were a "grey area" seemed to be more working for Canadian clients. They too had a USA and Cdn office, but their work was dealing with Canadian clients and everything (payroll, clients were Cdn), just working remotely from the USA. You won't find a 100% answer here on VJ, maybe the company has a legal team you would be better asking


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Share this post


Link to post
Share on other sites

Have to agree - if you ever had to explain in an immigration interview why you were working (even if it was from home) and no matter who you worked for...it would be tough. You really don't want to risk anything during this period.

Hi,

You can not work in the U.S. at the U.S. office. That's unauthorized work. That's a job that can go to someone authorized to work here.

Getting paid through Canada would just be an illegal work around to not being able to pay you in the U.S. because you lack work authorization. You will work in the U.S. at a U.S. office, and you and the company would avoid paying US taxes. Not a good idea.

Best of luck


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

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

Share this post


Link to post
Share on other sites

We are all just giving our opinions because there is no concrete answer yet, like Flames said. The point is at what point can you be seen as doing a US job. Working for a Canadian company with no US offices, being paid CAD into a Candian account... that's fine (IMO), there is no way to be seen as a US job. But then as you add in more ties to the US, it gets riskier (again IMO). Working physically at the US office seems to slide past the "grey area" to me and one would need work authorization for that. Good luck with your decision. :)


K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

Share this post


Link to post
Share on other sites

So, to answer the previous questions here, since I got a decent amount of feedback! Thank you all!

I would be paid from the Canadian payroll, not the US.

No, it would not take a job away from an American, as it's a Canadian position that would never be hired for out of the US. I don't really want to go in the tons of reasons, but no, it wouldn't.

I have decided not to go with it any rate, not even because of the grey area of it. I've just been there for 5 years, it's time to move on, plus, my fiance said he wouldn't marry me if I took it. He was kidding, but I get his point. I happened to get the offer on the same day I was giving my notice. Just a lot going on, and figured I would think on it. I think I will take my well earned vacation, get used to life in the US, and start new. The rest of the my life will be new, my job should be too! I really appreciate all the help. :)


Sent I-129F to Lewisville, TX: 10/21/2014
I-129F received in Lewisville, TX!: 10/23/2014

NOA1 - Text/Email: 10/28/2014

ARN updated: 10/28/2014

NOA2: 06/09/2015 (224 days)

Sent to NVC: 06/22/2015

NVC received: 06/30/2015

NVC Case Number received: 07/01/2015

Sent to Vancouver: 07/06/2015

Consulate received: 07/14/2015

Packet 3 sent: 07/14/2015

Packet 4 received: 07/16/2015

Medical: 08/14/2015

Interview: 08/18/2015 - APPROVED!

Received Visa: 08/21/2015

POE: 09/06/2015

Married: 10/25/2015

7BPctY3.jpg

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×