Does H1 visa require physical presence in the US?
Dec 21st 2002, 6:17 am
#1
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Thread Starter
Joined: Dec 2002
Posts: 57
Does H1 visa require physical presence in the US?
Can I telework from Canada under H1?
Dec 21st 2002, 4:13 pm
#2
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Re: Does H1 visa require physical presence in the US?
stats2000 wrote:
> Can I telework from Canada under H1?
As was told you several times already, if you are not physically
in the US, you by definition don't have a status in the US.
> Can I telework from Canada under H1?
As was told you several times already, if you are not physically
in the US, you by definition don't have a status in the US.
Dec 22nd 2002, 6:41 am
#3
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Re: Does H1 visa require physical presence in the US?
"stats2000" wrote in message
news:[email protected]...
> Can I telework from Canada under H1?
If you're in Canada, you're not "under H1".
H1 refers to a visa to enter the USA to work,
and to the status of someone who entered the
USA on an H1 visa.
If you don't enter the USA, it does not matter
whether or not you have an H1 visa in your
passport, or whether or not a company has a
petition approved for you to work as an H1.
If you want to work in Canada for a US company,
you must ensure that your Canadian status
allows you to work in Canada, and the company
must make sure it abides by all relevant USA
and Canadian laws for having an employee work
in Canada. The USA immigration laws (such as
those that cover the H1) are not relevant
since this situation does not involve a
non-USA-citizen entering the USA.
news:[email protected]...
> Can I telework from Canada under H1?
If you're in Canada, you're not "under H1".
H1 refers to a visa to enter the USA to work,
and to the status of someone who entered the
USA on an H1 visa.
If you don't enter the USA, it does not matter
whether or not you have an H1 visa in your
passport, or whether or not a company has a
petition approved for you to work as an H1.
If you want to work in Canada for a US company,
you must ensure that your Canadian status
allows you to work in Canada, and the company
must make sure it abides by all relevant USA
and Canadian laws for having an employee work
in Canada. The USA immigration laws (such as
those that cover the H1) are not relevant
since this situation does not involve a
non-USA-citizen entering the USA.
Dec 22nd 2002, 4:49 pm
#4
Forum Regular
Thread Starter
Joined: Dec 2002
Posts: 57
Re: Does H1 visa require physical presence in the US?
Thanks all for your replys.
Originally posted by J. J. Farrell
"stats2000" wrote in message
news:[email protected]...
> Can I telework from Canada under H1?
If you're in Canada, you're not "under H1".
H1 refers to a visa to enter the USA to work,
and to the status of someone who entered the
USA on an H1 visa.
If you don't enter the USA, it does not matter
whether or not you have an H1 visa in your
passport, or whether or not a company has a
petition approved for you to work as an H1.
If you want to work in Canada for a US company,
you must ensure that your Canadian status
allows you to work in Canada, and the company
must make sure it abides by all relevant USA
and Canadian laws for having an employee work
in Canada. The USA immigration laws (such as
those that cover the H1) are not relevant
since this situation does not involve a
non-USA-citizen entering the USA.
"stats2000" wrote in message
news:[email protected]...
> Can I telework from Canada under H1?
If you're in Canada, you're not "under H1".
H1 refers to a visa to enter the USA to work,
and to the status of someone who entered the
USA on an H1 visa.
If you don't enter the USA, it does not matter
whether or not you have an H1 visa in your
passport, or whether or not a company has a
petition approved for you to work as an H1.
If you want to work in Canada for a US company,
you must ensure that your Canadian status
allows you to work in Canada, and the company
must make sure it abides by all relevant USA
and Canadian laws for having an employee work
in Canada. The USA immigration laws (such as
those that cover the H1) are not relevant
since this situation does not involve a
non-USA-citizen entering the USA.
Dec 30th 2002, 9:35 pm
#5
Guest
Posts: n/a
Re: Does H1 visa require physical presence in the US?
> If you want to work in Canada for a US company,
> you must ensure that your Canadian status
> allows you to work in Canada, and the company
> must make sure it abides by all relevant USA
> and Canadian laws for having an employee work
> in Canada.
Is that a specific law for Canada?
From my research, I have found that you can enter the US on
VW on business and can 'work' as long as the 'work' you are
doing does not meet the INS's definition of work. That is,
entering the US labor market, commanding subordinates,
operating machinery, actually producing things, etc.
I venture that telework would not be considered 'work' by
the INS if you are paid from a foreign bank account, and
that you are not working for US companies. After all, doing
your telework in X country and then doing the same telework
in the US doesn't affect any economy at all.. whereas
quitting your job in X country and getting a new job in the
US /does/ remove one job from the economy for a US citizen.
I have only done a little research in the Canadian
situation, but I have found evidence that suggests that CIC
considers telework in much a similar way.
Am I wrong? Can anyone enlighten me? :-)
Pete
> you must ensure that your Canadian status
> allows you to work in Canada, and the company
> must make sure it abides by all relevant USA
> and Canadian laws for having an employee work
> in Canada.
Is that a specific law for Canada?
From my research, I have found that you can enter the US on
VW on business and can 'work' as long as the 'work' you are
doing does not meet the INS's definition of work. That is,
entering the US labor market, commanding subordinates,
operating machinery, actually producing things, etc.
I venture that telework would not be considered 'work' by
the INS if you are paid from a foreign bank account, and
that you are not working for US companies. After all, doing
your telework in X country and then doing the same telework
in the US doesn't affect any economy at all.. whereas
quitting your job in X country and getting a new job in the
US /does/ remove one job from the economy for a US citizen.
I have only done a little research in the Canadian
situation, but I have found evidence that suggests that CIC
considers telework in much a similar way.
Am I wrong? Can anyone enlighten me? :-)
Pete
