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Is it legal to work from outside USA for a US employer who has employed you on H1B?

tavern22

Full Member
Jun 9, 2021
23
3
Am on H1-B visa and working in USA. I have Canada's Permanent Residency. Hence, can I work from Canada for the same employer without informing the employer? So, I have H1B, I move to Canada, and then work from there for 2 years and then return to US, so on port of entry, the immigration officer won't question me why I was out for 2 years keeping my H1-B visa with the same employer?
Also, are the below points correct?
-I will have to pay taxes in US and Canada
-I will not inform employer, so I will keep making US salary and keep converting it to CAD to live in Canada. This will not be an issue for 2 years
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,525
Am on H1-B visa and working in USA. I have Canada's Permanent Residency. Hence, can I work from Canada for the same employer without informing the employer? So, I have H1B, I move to Canada, and then work from there for 2 years and then return to US, so on port of entry, the immigration officer won't question me why I was out for 2 years keeping my H1-B visa with the same employer?
Also, are the below points correct?
-I will have to pay taxes in US and Canada
-I will not inform employer, so I will keep making US salary and keep converting it to CAD to live in Canada. This will not be an issue for 2 years
You should be informing your employer. Living in Canada will have deductions implications,etc. In general it is not a good idea to not tell your employer you are moving to another country and not change any of your information at your employer to indicate where you actually live. Misleading an employer can really break the trust with your employer leading to serious consequences. There also could be issues accessing things like their server if you are outside Canada. If you needed to travel for business do you not think they would question why you were leaving from a Canadian city? Just a bad idea in general.
 
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tavern22

Full Member
Jun 9, 2021
23
3
makes sense canuck78. I will inform my employer about this plan and see what they have to say. Thanks!!
 

lampbreaker

Champion Member
Apr 7, 2015
1,734
378
From US point of view, they don't care what you do outside of their borders. But employers have policies about working from another country, so they must be onboard.
 
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champ1411

Member
Jun 10, 2021
18
17
Am on H1-B visa and working in USA. I have Canada's Permanent Residency. Hence, can I work from Canada for the same employer without informing the employer? So, I have H1B, I move to Canada, and then work from there for 2 years and then return to US, so on port of entry, the immigration officer won't question me why I was out for 2 years keeping my H1-B visa with the same employer?
Also, are the below points correct?
-I will have to pay taxes in US and Canada
-I will not inform employer, so I will keep making US salary and keep converting it to CAD to live in Canada. This will not be an issue for 2 years
Your H-1B gets suspended after spending few months outside the country, if employer doesn't inform USCIS of extenuating circumstances (if any). Employer also faces legal issues if they keep paying an employee outside US for so many months.
 

lampbreaker

Champion Member
Apr 7, 2015
1,734
378
Your H-1B gets suspended after spending few months outside the country, if employer doesn't inform USCIS of extenuating circumstances (if any). Employer also faces legal issues if they keep paying an employee outside US for so many months.
Yes, employers are generally expected to withdraw their petition if the employee is no longer working for them. But they can pay anyone they wish for any amount of time.