+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Can H1-B holder work in USA and Canada same time

venkat51286

Full Member
Aug 1, 2017
32
2
Hi All, first of all I am on H1B and have Canada PR. I want to move to Canada and talking to recruiters. One guy said right now it is hard to find an apartment due to covid restrictions and also it is not guaranteed until you get solid offer (sometimes contracts are getting canceled even after confirmation due to pandemic). Is it true ? how is the housing situation in Toronto now. My job in USA is going strong so I am thinking of doing working for both US and Canada jobs at the same time (because of the wfh conditions) from America if I can. Is it legally allowed to work in foreign country while you work in USA at same time ? TIA
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
It is not possible to do this from US because you are in H1b. I am pretty sure you know that you are subject to US immigration laws when you are within US and that you can work only for your sponsored employer while on h1b. You can work for your current US job remotely from Canada as you are remote anyways.
 

venkat51286

Full Member
Aug 1, 2017
32
2
It is not possible to do this from US because you are in H1b. I am pretty sure you know that you are subject to US immigration laws when you are within US and that you can work only for your sponsored employer while on h1b. You can work for your current US job remotely from Canada as you are remote anyways.
Thanks DEEPCUR for the reply. My H1 employer doesn't allow me to work from foreign country due to regulations. So my only option is moving to Canada on any offer I get from there. Also as per your response once I am ready to work for Canada I need to immediately move there because I can't work from USA (as I will not be on H1 after I leave my current employer). How is the apartment leasing process in Toronto right now due to covid situation. Are they leasing to new immigrants in the first place. Thanks much.
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
It is not possible to do this from US because you are in H1b. I am pretty sure you know that you are subject to US immigration laws when you are within US and that you can work only for your sponsored employer while on h1b. You can work for your current US job remotely from Canada as you are remote anyways.
Even uscis approves second job's petition. And in this case, we cant request uscis for approval because there is no jurisdiction for labor market outisde of US. Just because one cannot request approval from uscis, it doesnt mean the its illegal. Laws can only specify which is not allowed, cannot specify each and every case scenarios. There is no rule that specifies that one should not work in a job that originates outside of US, just because one stays in US.
Taxes are different matter.
Hi All, first of all I am on H1B and have Canada PR. I want to move to Canada and talking to recruiters. One guy said right now it is hard to find an apartment due to covid restrictions and also it is not guaranteed until you get solid offer (sometimes contracts are getting canceled even after confirmation due to pandemic). Is it true ? how is the housing situation in Toronto now. My job in USA is going strong so I am thinking of doing working for both US and Canada jobs at the same time (because of the wfh conditions) from America if I can. Is it legally allowed to work in foreign country while you work in USA at same time ? TIA
Canada job: Yes one cannot be certain till its offered.
Canada rental: I doubt that one has any issue in finding a rental place. This is not the case. Just call few offices and find out rather than just trusting one guy. Everything is online and dont know why you are asking in forum and trusting just one person's experience.
Canada job while in US: US doesnt control labor market outside of US. As long as there is no conflict of interest between companies then you should be good, similar to how uscis approves the second job's petition for the same candidate within US.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
Even uscis approves second job's petition. And in this case, we cant request uscis for approval because there is no jurisdiction for labor market outisde of US. Just because one cannot request approval from uscis, it doesnt mean the its illegal. Laws can only specify which is not allowed, cannot specify each and every case scenarios. There is no rule that specifies that one should not work in a job that originates outside of US, just because one stays in US.
Taxes are different matter.

Canada job: Yes one cannot be certain till its offered.
Canada rental: I doubt that one has any issue in finding a rental place. This is not the case. Just call few offices and find out rather than just trusting one guy. Everything is online and dont know why you are asking in forum and trusting just one person's experience.
Canada job while in US: US doesnt control labor market outside of US. As long as there is no conflict of interest between companies then you should be good, similar to how uscis approves the second job's petition for the same candidate within US.
as long as someone is physically present in US, they are completely subject to US immigration laws. US immigration laws prohibit H1 holders from working with any employer other than petitioned employer. The law is clear in this and it is not even a grey area.. they didn't have a anything spelt out anything specifically for out of country employers because the law says while in US one can work only for the sponsored employer which clearly means they are not allowed to work for anyone else. If a person cannot have an employer sponsored via USCIS, then there is no scope for the person to work while they are in US. Working for Canadian employer being here could land him in unforeseen troubles. I am not sure why you are recommending it to him.

USCIS approving concurrent petition can no way be compared to this because government is letting you work in second job legally.
 
Last edited:
  • Like
Reactions: Jancy

venkat51286

Full Member
Aug 1, 2017
32
2
Thanks DEEPCUR and harirajmohan. Appreciate your take on it. I will definitely check with rental situation. Also I will consult an immigration attorney for SME opinion. Muchas Gracias!
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
Thanks DEEPCUR for the reply. My H1 employer doesn't allow me to work from foreign country due to regulations. So my only option is moving to Canada on any offer I get from there. Also as per your response once I am ready to work for Canada I need to immediately move there because I can't work from USA (as I will not be on H1 after I leave my current employer). How is the apartment leasing process in Toronto right now due to covid situation. Are they leasing to new immigrants in the first place. Thanks much.
What is the issue for your employer in working from outside US? Do you deal with HIPAA data or anything like that? Or if it’s just technical thing, you could use a private VPN to connect to their network.

If you could work from Canada for few weeks, then it would be ideal to put some of your concerns to ease as you are allowed to work for any employer as a Canadian permanent resident
 

venkat51286

Full Member
Aug 1, 2017
32
2
What is the issue for your employer in working from outside US? Do you deal with HIPAA data or anything like that? Or if it’s just technical thing, you could use a private VPN to connect to their network.

If you could work from Canada for few weeks, then it would be ideal to put some of your concerns to ease as you are allowed to work for any employer as a Canadian permanent resident
I work in banking industry. Our boss turned me down twice on this due to company rules.
 

JustBal

Full Member
Feb 27, 2021
33
10
Just saw this thread. My situation- I have H1B and work for US employer. I also got canada PR. US company allowed me to work from Canada remotely. Recently, I got a job offer from a Canadian company as well.
Can I work both jobs already for some time.
Work in Canada on PR and work for US company remotely on H1B?
 
  • Like
Reactions: Rawhide

Raptor33

Hero Member
May 10, 2020
380
139
Just saw this thread. My situation- I have H1B and work for US employer. I also got canada PR. US company allowed me to work from Canada remotely. Recently, I got a job offer from a Canadian company as well.
Can I work both jobs already for some time.
Work in Canada on PR and work for US company remotely on H1B?
Yes, it is possible to work both jobs simultaneously. However, there are a few things to keep in mind.

First, you will need to make sure that both employers are aware of your situation. You will also need to make sure that both employers are okay with you working for the other company.

Second, you will need to make sure that you are not violating any of the terms of your H-1B visa. For example, you may not be allowed to work for a Canadian company if your H-1B visa requires you to work exclusively for a US company.

Third, you will need to make sure that you are not violating any of the terms of your Canadian PR. For example, you may not be allowed to work for a US company if your Canadian PR requires you to work exclusively for a Canadian company.

Finally, you will need to make sure that you are not working more than 40 hours per week.

If you are able to meet all of these requirements, then you should be able to work both jobs simultaneously.

Here are some additional things to consider:
  • Taxes: You will need to file taxes in both the US and Canada. You may be able to claim a tax credit in one country for taxes paid in the other country.
  • Benefits: You will need to make sure that you are covered by benefits in both countries. For example, you may need to purchase health insurance in Canada if your US employer does not offer health insurance to employees who work remotely from Canada.
  • Work-life balance: It is important to make sure that you do not overwork yourself. Working two jobs can be demanding, so it is important to set boundaries and make time for yourself.
If you are considering working two jobs, it is important to weigh the pros and cons carefully. Working two jobs can be a great way to earn more money and gain new skills. However, it is important to make sure that you are able to handle the workload and that you are not violating any immigration rules.
 

Rawhide

Hero Member
Nov 11, 2017
204
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Hi All, first of all I am on H1B and have Canada PR. I want to move to Canada and talking to recruiters. One guy said right now it is hard to find an apartment due to covid restrictions and also it is not guaranteed until you get solid offer (sometimes contracts are getting canceled even after confirmation due to pandemic). Is it true ? how is the housing situation in Toronto now. My job in USA is going strong so I am thinking of doing working for both US and Canada jobs at the same time (because of the wfh conditions) from America if I can. Is it legally allowed to work in foreign country while you work in USA at same time ? TIA

I have been teaching as guest faculty in Ontario while working a normal job on H1B in the states for the last 4 years.
 

Rawhide

Hero Member
Nov 11, 2017
204
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Just saw this thread. My situation- I have H1B and work for US employer. I also got canada PR. US company allowed me to work from Canada remotely. Recently, I got a job offer from a Canadian company as well.
Can I work both jobs already for some time.
Work in Canada on PR and work for US company remotely on H1B?

Yes you can, as long as you can manage both jobs and gove them time
 
  • Like
Reactions: Takita

abff08f4813c

Full Member
Feb 24, 2023
22
2
Third, you will need to make sure that you are not violating any of the terms of your Canadian PR. For example, you may not be allowed to work for a US company if your Canadian PR requires you to work exclusively for a Canadian company.
When would this ever be the case? I know that for closed or employer-specific work permits issued by IRCC you can only work for that one company, that's not a PR.
 

Rawhide

Hero Member
Nov 11, 2017
204
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
When would this ever be the case? I know that for closed or employer-specific work permits issued by IRCC you can only work for that one company, that's not a PR.
On PR you are free to work for anyone either in US, Canada or not work at all. It doesnt matter
 

abff08f4813c

Full Member
Feb 24, 2023
22
2
On PR you are free to work for anyone either in US, Canada or not work at all. It doesnt matter
Well, to the point that Canadian authorities don't care if you work remote for someone in the US while you have Canadian PR and live in Canada, sure. (You might have problems if you don't have H1b and you try to use Canadian PR to work in the US without any US status - that typically doesn't work.)

My point is that what you are saying seems to contradict what @Raptor33 says - if I've understood correctly, @Raptor33 states that there is a need to check if the Canadian PR will allow working for the US company. Meanwhile you disagree and say that all Canadian PRs allow that, so actually then there's no need to check.