Can Canadian PR commuting for work to the US for a US employer do part time freelance independent contractor work with another US freelancing platform (Upwork) if the work is done from Canada and the payroll runs in Canada? Is that in anyway a violation of the H1B visa?
Situation:
1. I am currently working for a Canadian employer who runs my payroll in Canada and will generate a T4 tax form. I am also working remotely and part-time (20 hours per week) for a US freelancing platform (Upwork) where I am considered a self employer contractor. Upwork runs payroll in Canada and I will provide them with a W8-BEN tax form. They do not deduct taxes in the payroll as I will do that myself when I file taxes in Canada.
2. I am now planning to take a new job with a US employer who is fine with me commuting once a month from Canada to the US and rest of the time, I can work remotely from Canada. This employer is working on my H1 visa transfer and will also file my I-140. This employer will provide me with a W2 tax form.
Situation:
1. I am currently working for a Canadian employer who runs my payroll in Canada and will generate a T4 tax form. I am also working remotely and part-time (20 hours per week) for a US freelancing platform (Upwork) where I am considered a self employer contractor. Upwork runs payroll in Canada and I will provide them with a W8-BEN tax form. They do not deduct taxes in the payroll as I will do that myself when I file taxes in Canada.
2. I am now planning to take a new job with a US employer who is fine with me commuting once a month from Canada to the US and rest of the time, I can work remotely from Canada. This employer is working on my H1 visa transfer and will also file my I-140. This employer will provide me with a W2 tax form.
- As you are aware, while you are in the US, you are only allowed to work for the employer who sponsored your visa and this employer will generate a W2 tax form. I will not do self employment work while I am in the US.
- However, if I continue to work part time for the other US freelance contracting firm as a self employed contractor while I am in Canada. Will it cause any issues? Even though I am working from Canada, I will have a W2 tax form as well as a W8-BEN tax form. Will it be anyway considered a violation of my visa? I will only do self employment work for the US freelancer platform while I am in Canada.