Moving to the US but working remotely to Canada

[Udella&Wiz 325]

Haven't heard that and dangerous to assume

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.

[Loki_Go 126]

Haven't heard that and dangerous to assume

This whole thing sounds dangerous IMO.

Boiler's post at #8 is where I got the forgiven thing:

http://www.visajourney.com/forums/topic/430480-how-to-get-money-on-a-k-1-visa/

[Loki_Go 126]

As an update, I have spoken to an immigration lawyer regarding keeping my job. She says it's still a grey area and to basically not worry about it. The issue will be the taxes and that'll be up to our accountant to figure out. I realize this is just one lawyer's opinion and the risk is on me but she basically echoed my feelings on the matter without me saying anything to her. The lawyers at my work were also quite sure I wouldn't have a problem keeping my job while adjusting in the US.

My company has made me an offer and I have accepted.

[Udella&Wiz 325]

So are you working for the US entity or the Canadian entity?

As an update, I have spoken to an immigration lawyer regarding keeping my job. She says it's still a grey area and to basically not worry about it. The issue will be the taxes and that'll be up to our accountant to figure out. I realize this is just one lawyer's opinion and the risk is on me but she basically echoed my feelings on the matter without me saying anything to her. The lawyers at my work were also quite sure I wouldn't have a problem keeping my job while adjusting in the US.

My company has made me an offer and I have accepted.

[Loki_Go 126]

So are you working for the US entity or the Canadian entity?

Canadian of course. As I said previously, they don't have a US location anyway.

[Rob L 3,811]

As an update, I have spoken to an immigration lawyer regarding keeping my job. She says it's still a grey area and to basically not worry about it. The issue will be the taxes and that'll be up to our accountant to figure out. I realize this is just one lawyer's opinion and the risk is on me but she basically echoed my feelings on the matter without me saying anything to her. The lawyers at my work were also quite sure I wouldn't have a problem keeping my job while adjusting in the US.

My company has made me an offer and I have accepted.

Thanks for reporting back. This might be helpful for others in the future. Working remote is only going to grow.

[Loki_Go 126]

I'd like to update after I adjust and after I file taxes too but that'll take a while, but I do plan on doing that in the future.

We're a very large company and since we're global I do have faith in our lawyers in this matter. They've dealt with several immigration issues in the past and have backed their employees so if anything were to go sideways I do feel I'd get some representation. I don't want to jinx anything though by speculating on any of that so I'm just going to take everything one day at a time.

[Udella&Wiz 325]

oh good - yes, I can imagine it will just be part of your World Wide income and frankly.....with moving in the midst of the yr it would be hard to discern what was earned pre and post move since its the same company.

I'd like to update after I adjust and after I file taxes too but that'll take a while, but I do plan on doing that in the future.

We're a very large company and since we're global I do have faith in our lawyers in this matter. They've dealt with several immigration issues in the past and have backed their employees so if anything were to go sideways I do feel I'd get some representation. I don't want to jinx anything though by speculating on any of that so I'm just going to take everything one day at a time.

[Loki_Go 126]

I should note that I'm still able to keep my Canadian address too. I sold my house back in June and moved temporarily back in with my parents before I move to the US. Nothing will change as far as my personal info my employer has and how my deposits and banking are handled. I'm in a really lucky position to be able to do all this I think. When I need money when I'm over there I'm going to pull cash out of the ATM and deposit into my (eventual) US bank account.

[spielerin 24]

Thanks for sharing!

[RainMan78 0]

I am in the same situation except I have a Green Card. I just won it via the DV and I can keep working remotely for my Canadian employer with no US presence. They will pay me in CAD on my CAD bank Account but the main issue is around taxes.

If anybody could help on how this would work, that would be great!

[Udella&Wiz 325]

Not quite the same scenario as the OP who wanted to know if they could work after entering the US but before they had a GC.

If you have a GC already and live in the US but want to work remotely for a CAD employer, that shouldn't be a problem immigration-wise.

I would try the Serbinski tax forums to ask US/CAD tax questions on that worldwide income http://www.serbinski.com/

I am in the same situation except I have a Green Card. I just won it via the DV and I can keep working remotely for my Canadian employer with no US presence. They will pay me in CAD on my CAD bank Account but the main issue is around taxes.

If anybody could help on how this would work, that would be great!

[Teddy B 17,251]

I'm a little late to this thread, but might have some input that helps.

My wife was self employed bookkeeper/accountant in Canada. When we were still dating she came here for a 2 month summer visit in 2011. She came with the intentions of working remotely and mentioned this to the CBP officer upon entry at the Queenston/Lewiston border crossing. He asked if she would be getting paid in American money and she answered "no Canadian". The CBP officer told her as long as she wasn't getting paid in American money, she would be fine to work remotely.

At the end of her two months stay, I proposed to her before she left and we got married. She stayed and we adjusted status. She ended up worink for 4-5 months remotely before shutting it down. We have never been questioned about this by anyone. I have been given mixed info on whether or not what she did was actually legal, but I can tell you it caused no problems either way.

Yes illegal work is forgiven with marriage to a USC.

[RainMan78 0]

Thank you Udella&Wiz, I'll have a look on this forum!

[Flames9_RN 358]

Thank you Udella&Wiz, I'll have a look on this forum!

Make sure u do a search first,lol there used to be a grumpy guy named Nelson that answered about 95% of the questions and would get cranky if u didnt search 1st,lol