I-485 paperwork: Showing work experience in Canada while already working in US (TN, H1B) - HELP!!!

If it triggers a response from CIS, deal with it then.

You did perform work in violation of your status; no point trying to rationalize it.

I don't suggest lying to the Govt however, that is illegal.

Just ask Roger Clemens.
 
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Nelsona, you are scaring me really...

On Page 3 of the Section 245(k) document it implies that both the alien and the employer must be within the US to trigger unauthorized employment:

Engaged in Unauthorized Employment
(1) General. “Unauthorized employment” means any service or labor performed
by an alien for an employer within the United States that is not authorized under
8 CFR 274a.12(a), (b), or (c) or exceeds the authorized period of employment.

Did anyone have such experience with the CIS asking to prove the fact that work was free or within Canada?
 
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You should be scared. What you did was illegal. It does not matter that it was unpaid for someone outside the US. You were physically in the US; that is the issue.
 
Concerned4us said:
You should be scared. What you did was illegal. It does not matter that it was unpaid for someone outside the US. You were physically in the US; that is the issue.
Click to expand...

What's illegal - free web support to my friend and adding it to my resume for experience??? Most of the work was done while I was in Canada anyway. Should I prepare myself for deportation maybe?
 
"labor performed by an alien for an employer within the United States". That doesn't say that the employer is in the US, it says the work was done in the US.


Paid or not, you worked in US, without authorization.

If you won't worried, wh ybother postng?
 
Let's put it this way and close the subject: I did not work in the US without authorization. Several instances of work were performed by me on client site whilst visiting Canada. Period.
 
Gee, glad that's over. We will be so willing to answer more of your questions in future.
 
Nelsona, no hard feelings... but when someone seeks help and support in a complicated situation and others call that person a criminal, what would be a typical reaction in that case???

Anyone who has a self-employed business abroad and then moves to work in the US would deal with the situation when previous or still existing clients called and needed assistance. An H1B or TN person is not supposed to just work 8 hours for his employer, then return home and sleep. Every single immigrant or non-immigrant has previous background, business and personal ties and they do not cease upon crossing the US border. Some interaction with the past connections is always involved even after changing status. I hope that we all realize that part.
 
LuciDreamer said:
An H1B or TN person is not supposed to just work 8 hours for his employer, then return home and sleep. Every single immigrant or non-immigrant has previous background, business and personal ties and they do not cease upon crossing the US border. Some interaction with the past connections is always involved even after changing status.
Click to expand...

That may be so, but US law does not allow for it.
 
Based on that statement, anyone who still interacts with their own businesses located abroad while on TN/H1B violates the law. When we have computers, internet, etc. anyone can connect to any point in the world and perform some kind of work activity, is that against the law? I think these obsolete laws need to be interpreted with some common sense in mind taking into the account the new changes.
 
LuciDreamer said:
Nelsona, no hard feelings... but when someone seeks help and support in a complicated situation and others call that person a criminal, what would be a typical reaction in that case???

Anyone who has a self-employed business abroad and then moves to work in the US would deal with the situation when previous or still existing clients called and needed assistance. An H1B or TN person is not supposed to just work 8 hours for his employer, then return home and sleep. Every single immigrant or non-immigrant has previous background, business and personal ties and they do not cease upon crossing the US border. Some interaction with the past connections is always involved even after changing status. I hope that we all realize that part.
Click to expand...

Moving to the US to work is a choice. When US law dictates that you may not continue previous business relationships, you must either terminate them or choose to continue them and not move to the US. Most life choices are not easy.

There are many laws that I as a USC do not like or completely agree with. As a USC, I obey them anyway. I expect no less than guests in my home country. As a guest, it is not your option to pick and choose what US laws you will obey either; when you violate a law and someone calls you on it, don't be arrogant just acknowledge that you were unaware of the consequences, thank the person telling you so, stop your illegal activities. and go on with your life in the US. If that is not to your liking, no one is stopping you from leaving.

That being said, there is nothing that prevents you from returning home and working on your vacations there. Your visa status does not govern what you do when you are physically outside the US. Just be sure you obey the tax laws in both countries.

There is also another issue that you need to consider. Many companies prohibit their employees from working for other employers and clients. In your employment contract (or personnel manual), it may be specifically prohibited or have a procedure that must be followed in order for someone to engage in that activity. It becomes and issue of who owns the work product- the employer or the outside client. In some cases, if you were to invent something on your own time in your garage, your employer would own the rights to the product. Because of this, many USCs are prohibited from outside work especially if the work is in the same area as their employer.
 
While employment in the US without authorization is illegal, volunteering is allowed. Since the poster never got paid by the individual he/she worked for, the work should be considered voluntary which is legal.
 
Thanks Superjk, I appreciate your comments!! The only gratitude I actually received for my website work was a paid lunch with my friends. Oh... and it was in Canada back in 2006. I hope that does not make me a criminal. After that, all I did was purely pro bono volunteering support, even within the US just by changing a few lines of code and files here and there.
Unfortunately, some reality-impaired people, not necessarily on this forum, still consider volunteering activity to be (Heaven forbid) "unauthorized work" which violates your status. Well, I guess, it feels pretty good to picture someone guilty, that's just human nature, there is nothing wrong with.
About the laws... The more complicated the laws, the more corrupt the society.
 
Be careful! You cannot "volunteer" for a company for which everyone elese gets paid. And the work must be the work normally carried out by volunteers, at a place which regularly uses volunteers.

Sorry Charlie.

Btw Luci, no one is suggesting you deserve jail time, and I've not even suggested that you will be denied your GC, should you ever get that far, but as I said at the outset, it may come up, you would need to explain calmly and rationally, and not lie and make up silly excuses.
 
LuciDreamer said:
Thanks Superjk, I appreciate your comments!! ... Unfortunately, some reality-impaired people, not necessarily on this forum, still consider volunteering activity to be (Heaven forbid) "unauthorized work" which violates your status. Well, I guess, it feels pretty good to picture someone guilty, that's just human nature, there is nothing wrong with.
Click to expand...

You really should avoid the temptation to appreciate people who do nothing more or less than agree with you. Nelson is correct - if the work is traditionally volunteer work (working in a food bank, for example) then yes it is allowed. But if it's traditionally paid work (and working on a web site is) then it requires employment authorization.
 
Well, I guess, it feels pretty good to picture someone guilty
Luci, you came to us with the concern.
 
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