Teleworking with under H1B status

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Old Dec 21st 2002, 1:52 am
  #1  
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Default Teleworking with under H1B status

Can a PR in Canada telework for a US based company (no branch in Canada) under H1b visa? 2003 is my second year under H1B visa and I'd like to make a formal request to my employer to work from Canada until the end of H1B visa even if I have to take a 50% salary cut. Is this legal? Can my employer spnsor for another 3 years while I reside in Canada? Thanks.
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Old Dec 21st 2002, 7:35 am
  #2  
J. J. Farrell
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Default Re: Teleworking with under H1B status

"stats2000" wrote in message
news:[email protected]...
    > Can a PR in Canada telework for a US based company (no branch in Canada)
    > under H1b visa?

This seems rather confused, unless I'm missing the point.
If you are resident in Canada, of what relevance is a US
visa in your passport?

    > 2003 is my second year under H1B visa and I'd like to
    > make a formal request to my employer to work from Canada until the end
    > of H1B visa even if I have to take a 50% salary cut.

If you reside in Canada, why do you want a USA work visa?
Why should your H1-B visa have anything to do with how
long you work for the company in Canada?

    > Is this legal?

That's a question of US and Canadian company law, nothing
to do with immigration.

    > Can my employer spnsor for another 3 years while I reside in Canada?
Thanks.

They can, but if you don't intend to work in the USA
why on earth would they want to?
 
Old Dec 21st 2002, 8:06 am
  #3  
Ingo Pakleppa
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Default Re: Teleworking with under H1B status

On Sat, 21 Dec 2002 02:52:23 +0000, stats2000 wrote:

    >
    > Can a PR in Canada telework for a US based company (no branch in Canada)
    > under H1b visa? 2003 is my second year under H1B visa and I'd like to
    > make a formal request to my employer to work from Canada until the end
    > of H1B visa even if I have to take a 50% salary cut. Is this legal? Can
    > my employer spnsor for another 3 years while I reside in Canada? Thanks.
    >
    > --
    > Posted via http://britishexpats.com

If you are not physically in the US, you don't need an H-1B or any other
visa. You might potentially have issues if you need to visit the employer,
although the business visitor visa (B-1) is probably appropriate for that.
 
Old Dec 21st 2002, 4:07 pm
  #4  
Stuart Brook
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Default Re: Teleworking with under H1B status

Ingo Pakleppa wrote:
    >
    > On Sat, 21 Dec 2002 02:52:23 +0000, stats2000 wrote:
    >
    > >
    > > Can a PR in Canada telework for a US based company (no branch in Canada)
    > > under H1b visa? 2003 is my second year under H1B visa and I'd like to
    > > make a formal request to my employer to work from Canada until the end
    > > of H1B visa even if I have to take a 50% salary cut. Is this legal? Can
    > > my employer spnsor for another 3 years while I reside in Canada? Thanks.
    > >
    > > --
    > > Posted via http://britishexpats.com
    >
    > If you are not physically in the US, you don't need an H-1B or any other
    > visa. You might potentially have issues if you need to visit the employer,
    > although the business visitor visa (B-1) is probably appropriate for that.

He's been told this several times on the Canadian newsgroup already!
 

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