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

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


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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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 to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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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

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

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