Working On Two Jobs while on H1B (one in Canada one in the US)

[Nitish R]

Hello,

My sister is on an H1B visa (cap exempt) valid until 2025. She recently received a job offer in Canada that will sponsor her Canada PR. Her joining is in April 2024. She is wondering if she can work for the US employer from Canada just for April while also working for the Canadian employer. The US employer is fine with her working remotely for a month outside of the USA. However, she wants to give the resignation notice to the US employer only after starting work with the Canadian employer in April. There is no conflict between the Canadian employer and the US employer. Canadian employer does not care about US status or employment. They are both academic institutions. She is wondering if this is legally possible without any future tax or immigration implications. Her i140 is approved.

Thank you

Edited February 1 by Nitish R

[JoeF]

When she is outside the US she is by definition not on H1.

If her Canadian status allows her to work for a US company is something a Canadian immigration lawyer would have to answer. US laws don't apply in Canada.

[Nitish R]

4 hours ago, JoeF said:

When she is outside the US she is by definition not on H1.

If her Canadian status allows her to work for a US company is something a Canadian immigration lawyer would have to answer. US laws don't apply in Canada.

Thanks a lot for your reply. In Canada, her US job doesn't count as "work" since it's remote and it will be paid in a US bank account and the job does not affect the Canadian job market since her US employer has no Canadian entity. The Canadian employer doesn't care either. Her main concern is that when she files Tax in the US (she is a resident for tax purposes for 2024) and reports her Canadian income, that will be an issue for one overlapping month. 

Edited February 2 by Nitish R