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H1 petition and working from canada

karthicktalk

Star Member
Sep 7, 2017
117
6
Hi - I have a valid i-140 approved petition. I am currently in canada with canadian PR.

I have few questions, thanks in advance.

1. Can i apply for H1 transfer from canada - apply for H1 petition(not H1 visa)? I will be able to apply for H1 visa, if there is US visa appointment available(with travel bans, i am not sure, if i will be eligible to set an appointment).
2. Can i work from canada remotely ?
3. Can i get paid in USD? any tax implications? Does address on my payroll matter?

Thanks.
 
Last edited:

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
Why don't you search in to other threads that have discussed these topics at length very recently?
 

harirajmohan

VIP Member
Mar 3, 2015
6,162
1,666
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Hi - I have a valid i-140 approved petition. I am currently in canada with canadian PR.

I have few questions, thanks in advance.

1. Can i apply for H1 transfer from canada - apply for H1 petition(not H1 visa)? I will be able to apply for H1 visa, if there is US visa appointment available(with travel bans, i am not sure, if i will be eligible to set an appointment).
2. Can i work from canada remotely ?
3. Can i get paid in USD? any tax implications? Does address on my payroll matter?

Thanks.
Thanks.I was looking for working via h1 petition and not with h1 visa, if that makes any difference?
You dont need h1 to work remotely in Canada. What we say wont matter as its all up to the employer at the end who would be making decision.
its between you and your employer on your negotiation on where you would work with/without visa/H1petition.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/tax-challenges.715793/
https://www.canadavisa.com/canada-immigration-discussion-board/threads/taxes-payroll-working-in-us-living-in-windsor.551077/
https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-remotely-from-canada-while-on-h1b.616600/page-4
 

karthicktalk

Star Member
Sep 7, 2017
117
6
Thanks harirajmohan, your inputs are helpful. My plan is to get H1 petition work remotely and when i am able to get h1 visa appointment, go to the appointment, I can't apply for h1 visa appointment without h1 petition number. I had my i-485 date available, but due to no h1 visa/ban, couldn't file i-485(can't go for consular processing).

I want to be ready, if the dates are available again. Missed once.
 

harirajmohan

VIP Member
Mar 3, 2015
6,162
1,666
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Thanks harirajmohan, your inputs are helpful. My plan is to get H1 petition work remotely and when i am able to get h1 visa appointment, go to the appointment, I can't apply for h1 visa appointment without h1 petition number. I had my i-485 date available, but due to no h1 visa/ban, couldn't file i-485(can't go for consular processing).

I want to be ready, if the dates are available again. Missed once.
Finally you specified your situation and plan. Most of people come and post with little information and expect to predict their mind which we cant do.

Visa ban in place and got extended till Mar. Not sure if it will be revoked after biden takes over. Not sure if it will be kept till march or extended.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/rumors-about-an-executive-order-that-bans-the-entry-h1b-holders-around.691179/
With visa ban in place, you can still file H1.
So coming back to same thing, its up to you and your employer if you both want to agree to file for H1 at this juncture and allow you to work remotely and wait for ban to be lifted to get stamped.