H4 and Canadian work permit

Dear Members,
I am posting a query regarding Canadian work permit and H4 visa in the hope that I can get some answers. Can a person work for a Canadian employer (on a Canadian work permit) while being physically present in the US on an H4 visa? Or does it require a US EAD too? The work does not require presence in any particular country- it can be done remotely from any part of the world.
Thanks!

IMO, since you will be physically present in the USA when actually performing the work, you need employment authorization in the US to do so.

Since H4 status forbids employment - an EAD is the most likely employment authorization you could obtain that would cover this situation.

You could work, since you have the relevant work permit, if you crossed the border into Canada. Departure from the USA terminates any US status and you would not be bound by the H4 status restrictions while physically outside the USA. When you returned to the USA, you would be bound by the conditions of the visa class you were admitted in (presumably H4 again).

In the future, if you qualify, you may be able to obtain an EAD under the H4-EAD rule, which should become effective on May 26, 2015.

Thank you for the clarification. My understanding of the rule was similar but I was unsure if working for a foreign employer remotely would be an exception. I do qualify for the H4EAD (approved I 140) and I am assuming that end-of-August would be the earliest one can get it in hand.

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Originally Posted by Satgreen

Thank you for Trimtone and the clarification. My understanding of the rule was similar but I was unsure if working for a foreign employer remotely would be an exception. I do qualify for the H4EAD (approved I 140) and I am assuming that end-of-August would be the earliest one can get it in hand.

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Thanks for the clarification, I was wondering about the same thing pretty much. Were there any changes to that process in the last couple of years?

If the paycheck is being paid by a foreign employer and the work location is virtual ... I don't see how that violates any US labor laws.

Its worthwhile to check with a lawyer.

Quote:

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Originally Posted by Satgreen

Dear Members,
I am posting a query regarding Canadian work permit and H4 visa in the hope that I can get some answers. Can a person work for a Canadian employer (on a Canadian work permit) while being physically present in the US on an H4 visa? Or does it require a US EAD too? The work does not require presence in any particular country- it can be done remotely from any part of the world.
Thanks!

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Quote:

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Originally Posted by qesehmk

If the paycheck is being paid by a foreign employer and the work location is virtual ... I don't see how that violates any US labor laws.

Its worthwhile to check with a lawyer.

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AFAIK - it's the physical location what matters. Please check with competent immigration attorney as suggested by Q.

Please check with Attorney as everybody is suggesting. However, I have done this check sometime back and my conclusion was - You cannot be working in US and earn money on a H4. It does not matter who is paying (in US or outside US).

Your best bet is to get H4 EAD.

In order for H4 visa holder spouse to be eligible to apply for EAD. Before apply you must choose the best Immigration consultants in Delhi