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H4 Visa holder working for a foreign company

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by UshaGK2000, Sep 28, 2006.

  1. UshaGK2000

    UshaGK2000 New Member

    (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. texancanadian

    texancanadian Registered Users (C)

    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.
     
  3. UshaGK2000

    UshaGK2000 New Member

    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.
     
  4. houstonian-tx

    houstonian-tx Registered Users (C)

    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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