Can you work outside US being on H1B visa ?

Apr 1 25 Comments

Planning to work remotely for some time from Canada. I am on H1-B visa with wfh. Does anyone know for how long you can work outside US without any kind of issues ?

EDIT: I will be on Canada tourist visa and on US office payroll

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TOP 25 Comments
  • New
    Amlt50

    New

    Amlt50
    I wish for a world without borders and visas!
    Apr 1 4
  • Goldman Sachs / IT
    Jz4lfsg8gs

    Go to company page Goldman Sachs IT

    Jz4lfsg8gs
    Technically - you're no longer on a H1b once you are out of the US, so there is really no timeframe here.

    It depends entirely on your employer how long they will run your US payroll when you work from outside the US.
    Apr 1 5
    • Goldman Sachs / IT
      Jz4lfsg8gs

      Go to company page Goldman Sachs IT

      Jz4lfsg8gs
      It depends on the employer entirely.

      Why would you expect to be in a US based work status when living and working from another country?
      Apr 2
    • Goldman Sachs / IT
      Jz4lfsg8gs

      Go to company page Goldman Sachs IT

      Jz4lfsg8gs
      You can choose to work from anywhere. It still doesn't mean you're still on H1B.

      If you're Australian for instance, why would you still be considered to be on H1B if you work from Australia?

      Sure you can go on vacation etc and get paid, but that's again determined by your employer. They are not obligated to pay you US salary once you are out of the country. Doesn't mean they wouldn't or shouldn't.

      And, vacation of few weeks is different from continuing to work from another country for a few months. Every employer is different, so reach out to your immigration team on how this would work for you.
      Apr 2
  • Google
    ТC or GTFO

    Go to company page Google

    ТC or GTFO
    Lawyer told me to just take paystubs with me when I return as they might suspect you’re no longer employed if you were gone for long
    Apr 1 1
  • New
    gamerboy

    New

    gamerboy
    Forget US law. You'll be breaking Canadian law by working on a tourist permit.
    Apr 1 2
    • Daimler
      big p p

      Go to company page Daimler

      big p p
      No. You can argue it's a legal grey area, which it is. You're NOT breaking the spirit Canadian law since you're not taking a Canadian job from a Canadian. See my reply for when it is not a legal grey area.
      Apr 2
    • New
      gamerboy

      New

      gamerboy
      I wouldn't be comfortable with a grey area. Do remember Canada is part of the 5 eyes treaty. The US would know about any action Canadian authorities take against you. Could make your next H1B stamp pretty hard to get
      Apr 2
  • Thanks for the info. That’s the time frame (3-5 months) I am looking for . Is 5 months (cumulative) in 1 year split into 2 visits ?
    Apr 1 1
    • Daimler
      big p p

      Go to company page Daimler

      big p p
      I know two companies that allow 3x1 month per year of remote work. Idk any that do 5, imo that's the theoretical maximum. Look up the "substantial presence test". This is American law but it's about as conservative as it gets along residency requirements
      Apr 1