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mmcd

Newbie
Mar 15, 2019
3
0
Hi all,

I got an ITA in the March 20th draw and have my medical exam coming up, so I haven't yet been able to submit my profile for review. I also just finished a final round interview for a job in Toronto and they asked if I would be able to work remotely and receive pay from them, etc, before I am able to physically relocate.

I'm wondering if I'm allowed to do that (I'm a native of Trinidad, currently residing in the US) and what would those steps even look like? Also, if I do receive the job offer, would I still need to submit the proof of financial support with my application?

They're making their final decision in a couple days so I'm just hoping I can still be eligible.
Thanks
 
What's your status in the US? Where would you get paid? In your US bank account?
 
I've been here on a student visa and case wasn't selected for H1B, hence the move. But yes, I only have US based bank accounts, though I have access to a United Nations bank account which is more global.
 
I've been here on a student visa and case wasn't selected for H1B, hence the move. But yes, I only have US based bank accounts, though I have access to a United Nations bank account which is more global.

Then you aren't allowed to work while you're in residing in the US - unless you have a valid OPT. If you have a valid OPT, you can work.

I don't recommend doing this since working out of status can affect your PR application. If you were back home in Trinidad then you could work, since you are of course legally allowed to work in your home country.

Just wait a few months and do everything right. You don't want to mess up with immigration matters.
 
If I go back to Trinidad, wouldn't that change the processing of my PR though?

No, once you’ve submitted the application it’s not going to make a difference.

Don’t work if you’re not authorized to work.
 
Yes you can work remotely for a foreign company. The issue here is how will you be compensated since you are not in Canada? Unless you have them mail your pay chqs to you.

If the US has said that you are not authorized to work while residing there, then you are not authorized to work. The onus is on you to remain in status - not on the foreign company paying you.

The immigration rules are very strict and the US and Canada share information.
 
Working there means working for an American company/being on American company's payroll or working for an American company under the table. Many, many people do it especially older people who choose to further their education in the US. Many people just visiting the US still run their businesses while on vacation. According to how you interpret the rules that would be considered working but luckily US law is not enforced by how it is interpreted by the layman.

Are you seriously suggesting that working under the table (aka working illegally) is perfectly fine just because "many people especially older people do it"? I am aware that many people break the law all the time. Some are never caught and get away with it. Some are caught and face consequences.

Now, maybe this particular case isn't breaking the law and it's perfectly ok. In that case, what do you gain? A few months of salary.

However, if it is breaking the law, what do you lose? Possibly major issues with your PR status/immigration.

It's a risk-reward calculation and I cannot make that for OP. Maybe it's extremely important to start working immediately. Maybe he can wait. Impossible for me to say.

When OP submits his EE application, he will have to fill out his work history. He will also have to fill out his immigration status and history in the US. If the two don't match, there may be issues.
 
There are further considerations to the ones explained above.
A foreign national in the US working for a foreign company might be in breach of the original conditions of admission.
Example: Being a non national in the US working for a foreign company, even if you are getting paid in a foreign country/bank has its own special conditions as you'd need to report that income to the IRS (because you'd meet the substantial presence test).

If you have a work permit in the US, but your intent while residing is not to work, then that is also in breach of your admission conditions.

In short, I'd suggest either find a lawyer to guide you further on your particular situation, or go back to Trinidad where you have the right to work. This would not affect your PR application.
 
If I go back to Trinidad, wouldn't that change the processing of my PR though?

Away From all the debate above, you can do that whlist infroming IRCC that you physically moved using an CSE webform
 
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