H4 in US while H1 is commuting


thanks in advance.

I am on H1 and want to commute to US once in a couple of weeks for a day and work remotely the rest of the time for the H1 sponsoring company from Canada. Can H4 spouse continue to stay in the US along with US citizen kid at the same address the current H1 payroll is being run on?
Its a H1 Indepdent/non-consulting American company.

I know its okay if it is for 2 to 3 weeks but will this be okay if its done for long term, like 1 year?

The primary goal is to maintain Canadian PR but another reason is, H4 EAD renewal is pending with USCIS and didnt want to lose it, though spouse is not currently employed.


Its a tricky situation and there is no perfect answer.

USCIS does get your exit information automatically when you leave the US.

They may send an RFE and ask you to prove the H1B status.

Also, if you stay longer, the income tax issues will pop up.

Its a risk that only you can decide.

Legally speaking, your H4 dependents should also leave the US with you.