Can a US H1B visa holder work from home in Canada and also work in Canada as well? (I have a Canada PR.)

Asked 10 months ago - Downers Grove, IL

My scenario as follows.
1) I have a stamped H-1B visa until 2015.
2) I am working as a consultant (Employer - Vendor - Client)
3) My client is ok with me working from home in Canada for 1-2 years, because I want to get my Canadian PR renewed.
5) In US too, I work from home, and apart from US Job I also work as independent consultant for Canadian Co and I get paid from both the sides US & Canada.

My question is, is it legal to work from home in Canada while on H-1B? When I try to come to the US from Canada and they ask, “why were you outside for (say) 2 months while on an H-1B visa,” can I say to the border people that I work from home in Canada for this US company?

(Plz note I’m not looking for answers like, “get a transfer to a Toronto office” or “use a B-1 visa instead of H-1B.”

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Your work location is specified on your H-1B petition. It is not permissible to work in Canada.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You will not get any answers to your complex, case specific questions in a free, general forum such as this. What you need is a private consultation with an experienced immigration lawyer. Avvo is not a law firm.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Actually if you leave the US, you cannot be on an H1B status. You cannot be under any status since you are not in the US and US status only controls your time inside US. But your period of stay out of the USA can probably be recovered. Does your employer have an immigration lawyer? If so, you should consult him/her. If not, consult with an attorney, and/or have your employer consult with one.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 6. The most important ingredient of your enlightenment with respect of your current immigration situation should come from the attorney of record. Always.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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