Do Canadians always need TD, H4, etc.?

Y

YukonNew

Registered Users (C)
Hi,

Canadians can easily come to the US without applying for a visa. When they do so, they come on a "tourist" status, they can keep employment in Canada, but they cannot stay in the US for more than six months.

I often read on lawyers' web sites that TN or H1 dependents must apply for a TD or H4. If the dependents plan to go back to Canada before the 6-month limit period, do they really need a TD or H4? Why not coming as a tourist?

In some situations, like mine, a tourist visa would be better because I could keep working with Canadian employers.

Here is my situation:

When my husband applied for a H1, the lawyer told us that I needed a H4 and wouldn't be allowed to seek employment in the US. That was fine with me since I was planning to work from home for a Canadian employer.

When I came back from Canada in September, the officer told me that I didn't even need a H4 visa (but stamped my passport after I insisted).

After I got my visa, the lawyer finally told me that I couldn't work for a Canadian employer either on a H4 since H4 holders are not allowed to work anywhere in the world.

Therefore, next time I go to Canada, I wonder if I shouldn't just come back on a tourist visa. This way, I could keep working for a Canadian employer (Internet) while I am in the US. The only thing I'd need to do is to travel to Canada a few times a year, which I plan to do anyway.

Can someone confirm that I am indeed allowed to do that?

THanks!
 
If the dependents plan to go back to Canada before the 6-month limit period, do they really need a TD or H4? Why not coming as a tourist?

-- Yes, you can do that.

In some situations, like mine, a tourist visa would be better because I could keep working with Canadian employers.

-- Nope. As a tourist in the US, you will not be able to work for ANYBODY. Because it is not the employer that is important - the PLACE is. You are working on a US soil - this is not allowed.


After I got my visa, the lawyer finally told me that I couldn't work for a Canadian employer either on a H4 since H4 holders are not allowed to work anywhere in the world.

-- Well, not true. You can go back to Canada and work for your employer. The US INS does not have their jurisdiction in Canada. But then, your H4 is not needed!

Therefore, next time I go to Canada, I wonder if I shouldn't just come back on a tourist visa. This way, I could keep working for a Canadian employer (Internet) while I am in the US.

-- NO, you cannot.
 
Thanks bigboy00.

I am still confused though. I met many people going to the US a month or so without visa. They had their laptop with them: they didn't quit their job...

Quick question:

What if someone gets paid only when he/she is in Canadian soil?
 
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I am still confused though. I met many people going to the US a month or so without visa. They had their laptop with them: they didn't quit their job...

-- I told you the law. Many people do work from US (from their "home" just as you were planning) for their foreign employer (e.g. cdn employer). The chances of getting caught are minimum - but again, as per the law, you are not supposed to do that.

What if someone gets paid only when he/she is in Canadian soil?[/QUOTE]

-- If you work while in Canada and get paid, then it is perfectly legal (assuming that person is a cdn citizen/permanent resident)
 
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