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H4 Visa holder working for a foreign company

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  • H4 Visa holder working for a foreign company

    (Before I even start, the automatic reply people give is "you cannot work on an H4" - and I fully understand that. But my situation is not normal - and that's why I have detailed it in this post.)

    I am an Indian Passport holder working in Canada on a work-Visa. My
    husband has got a job in the US and has got his H1B Visa (and I got my
    H4). So, we will be moving to the US.

    My Canadian employer has asked me if I can work from home in the US. I
    would like to know if this is legally permissible.

    (1) I will be working for a Canadian company (freelance contract)
    (2) I will be working from home (in the US)
    (3) I will be paid via bank transfer (to a US bank) and will pay taxes
    in the US
    (4) The product I am working on is not sold in the US

    My work involves editing of web-content (note that this web content is
    provided for free on the web-site).

    Could someone kindly advise me regarding this?
    Is there an email address or phone number where I can directly ask this
    question to an INS officer?

    Thanks to all who respond.

    Usha

  • #2
    I think you should be fine as long as you are being paid in Canadian $ and are on Canadian Payroll.

    However if you do that you will need to pay all Canadian Taxes.

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    • #3
      Thanks. Is there an official website or phone number where I can get an official confirmation on that? I looked at the INS website - but they don't seem to take phone enquiries, nor do they have an email contact.

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      • #4
        Originally posted by UshaGK2000
        Thanks. Is there an official website or phone number where I can get an official confirmation on that? I looked at the INS website - but they don't seem to take phone enquiries, nor do they have an email contact.
        Your better bet is to get legal advice from couple of good immigration attorneys. I beleive once you are in the US on H-4 you are not allowed to work and make money even though it is remote work for a company in a foreign country. On the other hand if you are working and getting paid to a Canadian bank and paying Canadian taxes, how would US know you are working. You know some of these basic laws/policies are written before anyone heard of working remotely. So I think it is better to consult an expert.

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