H1b visa holder working from home in Canada

[anindyabecs]

Hi all,

This question has been asked multiple times before but I failed to find a final answer to this.

The following is my scenario ->

1) I have a stamped h1b visa

2) I have a full time job with a leading financial institution in US

3) I have a Canadian PR

4) My client is ok with me working from home in Canada

5) In US too I work from home.

Question is , is it legal to work from home in Canada while in h1b ? Later when I try to come to US from Canada and they ask why were you outside for 2 months while in h1b , can I say to the border people that I work from home in Canada ?

( please let's not distract the question by advising like take a transfer to Toronto office or using b1 visa instead of h1b. Most of the other threads continue in these lines and ends abruptly ).

Any answers will be of great help.

- Thanks,

Andy

[shandan]

Hi Andy,

While you are not in US physically you are not on any VISA, so quit calling yourself to be on H1B visa while in Canada, you have your VISA stamped in your passport, but until you actually enter the US with that you are not using it.

Now please understand if you are only going to come for a temporary visit to the US, then everyone will advise you to be on B1/B2. H1B is for full time employement while being in US.

You can be in a third country and can get paid there and work for a US company, that had nothing to do with US VISA/Immigration.

If you are going to tell the Border Agent/USCIS that your physical presence in the office is not necessary for you to perform your job function, then how do you expect them to issue/or let you enter on H1B in US, which requires a Full Time Job while being in the US. For short/temporary stays they have a Business VISA instituted.

Hope this clears some of your doubts.

[JoeF]

Actually, a B1 visa would not work, because a B1 does not allow working for a US company. For a B1, the salary has to come from a foreign company.

[anindyabecs]

Thank you so much shandan for the reply... This clears the doubt ,,

[anindyabecs]

Actually I just asked this in a couple of other sites too and got different answer there .. http://www.****************.html

[pontevecchio]

Your problem needs a Lawyer and not a forum. In addition what does your HR have to say about the matter? Maybe they can run it by the company Lawyer.

[anindyabecs]

My company lawyer is advising me not to pursue this .. I am currently in the process of consulting a lawyer for this .. Thanks a lot everybody for your valuable suggestions.. I will post once I have some updates ..

[goodluck]

My company lawyer is advising me not to pursue this .. I am currently in the process of consulting a lawyer for this .. Thanks a lot everybody for your valuable suggestions.. I will post once I have some updates ..

Do you have any updates, I know this is old issue but still want to know. I am in H1 and want to work from home from Canada.