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H1B visa holder living in Canada as Permanent Residence. Plan to travel to USA as and when required. Is this allowed?

Edison, NJ |

I moved to Canada as a Permanent Resident while my H1B renewal was under processing. Its done but the company I consult for does not want me at the client side all the time. Is it legal to keep working for the US company while working from home in Canada and travel every other week or as and when required? I still get paid in USA (I was in Edison, NJ) and pay American taxes, well for now.

Please advise.

Attorney Answers 4


  1. Best answer

    If I understand your question your situation sounds fine. The employr can send you anywhere in the U.S. where they have an LCA or overseas to work or not work. when you go to renew the H-1B or change employers you would need to explain any shortfall in the monies earned so if you dont' have that; no problem. I recommend you travel with a letter from the company that you are on assignment for them and returning to your employment so you won't have any border hassles.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. I agree with my colleague. You'll be OK.

    Behar Intl. Counsel 619.234.5962 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.


  3. You get paid in U.S. when you are not physically in U.S. and you pay taxes in U.S. when you don't necessarily earn in the U.S.?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  4. To me, my colleague's answer rings true as well.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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