Working remotely from Canada in US company as Canadian PR

[sumanthyj]

I am in a tricky situation, I have had a great interview with a US client for a remote position. Until after the interview they realized I am a Permanent Resident of Canada and not a citizen yet. So, I have explored few posts and have done my research on how to proceed and have found suggestions to go for an incorporation. But, there seems to be no document showing that's one way of doing things.

Can someone here point to where I can find something of similar documentation to show it to my client and get a job?

Thanks in advance

 

[Nick1233]

I am in a tricky situation, I have had a great interview with a US client for a remote position. Until after the interview they realized I am a Permanent Resident of Canada and not a citizen yet. So, I have explored few posts and have done my research on how to proceed and have found suggestions to go for an incorporation. But, there seems to be no document showing that's one way of doing things.

Can someone here point to where I can find something of similar documentation to show it to my client and get a job?

Thanks in advance

There is nothing different in terms of setting up a corporation for a Canadian citizen vs PR holder. The only thing is a PR (from a country without visa waiver) would need is to apply for B1 visa to travel for any business meetings (not work) at client's location in US. Otherwise, it is the same, trivial and don't see what their concerns could be.

I had a similar experience and just said that i was legally authorized to work in Canada. Things came out only when they realized i needed a visa to travel for the first and only meeting and even then they were fine (they had assumed me to be Canadian citizen). The only deal breaker could have been a long wait time in US consulate. Fortunately, i was able to find a consulate with a reasonable wait time.

 

[sumanthyj]

I do have a valid B1/B2 visa, I have no issue with travelling to US. Their only concern at the moment is they want to see documentation proving that I can work for them legally from Canada.
I explained this is how things can be done while going through several posts, but they want to see something in writing, and I have tried really hard and unable to find something of that sort.

 

[Nick1233]

I do have a valid B1/B2 visa, I have no issue with travelling to US. Their only concern at the moment is they want to see documentation proving that I can work for them legally from Canada.
I explained this is how things can be done while going through several posts, but they want to see something in writing, and I have tried really hard and unable to find something of that sort.

Copy of PR card? That is the document any employer in Canada too would like to check on.

 

[sumanthyj]

No, they want to see any kind of document which says I can work remotely for any US employer without need of any valid work status in US being an independent contractor

 

[Abcx]

Has anyone with Canadian PR worked remotely for a US company after filing the I-485 AoS in the US for an employment based green card? I have a H1B and intend to keep it alive if I file the 485, but am not sure that if I work from Canada on the H1B while the I-485 GC application is pending, if that GC application might be considered abandoned.

 

[harirajmohan]

Has anyone with Canadian PR worked remotely for a US company after filing the I-485 AoS in the US for an employment based green card? I have a H1B and intend to keep it alive if I file the 485, but am not sure that if I work from Canada on the H1B while the I-485 GC application is pending, if that GC application might be considered abandoned.

Consular processing will avoid this issue. Or else you should move into US whenever the date becomes current.
if your company is allowing you to work from Canada then ask them to file for consular adjudication.

https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/
"Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied.
Similarly, if an I-485 applicant is issued an AP document prior to departing the U.S., which remains valid through the date the applicant returns from the overseas trip, the I-485 generally will not be impacted. "

 

[Abcx]

Consular processing will avoid this issue. Or else you should move into US whenever the date becomes current.
if your company is allowing you to work from Canada then ask them to file for consular adjudication.

https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/
"Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied.
Similarly, if an I-485 applicant is issued an AP document prior to departing the U.S., which remains valid through the date the applicant returns from the overseas trip, the I-485 generally will not be impacted. "

Thanks, yes, that's my sense as well - that the I485 application will be considered abandoned, but my company lawyer says that if I can simultaneously maintain H1B status till the time the GC is current by being on US payroll while being in Canada (and not using EAD/AP), then I would theoretically not abandon my AoS 485 application. That seems to be true, but it all seems too risky and complicated. A different lawyer also told me the opposite - that my 485 and GC would be considered abadoned in this situation if I moved to Canada and worked from there in H1B status.

 

[harirajmohan]

Thanks, yes, that's my sense as well - that the I485 application will be considered abandoned, but my company lawyer says that if I can simultaneously maintain H1B status till the time the GC is current by being on US payroll while being in Canada (and not using EAD/AP), then I would theoretically not abandon my AoS 485 application. That seems to be true, but it all seems too risky and complicated. A different lawyer also told me the opposite - that my 485 and GC would be considered abadoned in this situation if I moved to Canada and worked from there in H1B status.

You cant maintain any nonimmigrant status being from Canada(unless you reenter US every month) but you seem to be moving to Canada and not going to commute hence you should be staying inside US or try for consular processing. So you cant file 485 for consular processing since you are moving through your company?

 

[DEEPCUR]

Thanks, yes, that's my sense as well - that the I485 application will be considered abandoned, but my company lawyer says that if I can simultaneously maintain H1B status till the time the GC is current by being on US payroll while being in Canada (and not using EAD/AP), then I would theoretically not abandon my AoS 485 application. That seems to be true, but it all seems too risky and complicated. A different lawyer also told me the opposite - that my 485 and GC would be considered abadoned in this situation if I moved to Canada and worked from there in H1B status.

It all boils down to your domicile. If you give up on US residence and establish residency in Canada, then your i485 will indeed considered to be abandoned even if hold to your H1 status. there's no law that specifically states, but it's not a good idea to do anything that could even remotely risk your i485 petition as green card coming after several years/decades of wait.. If your company is ready to transfer you to Canada and support your GC, then your best bet is to use consular process. Otherwise you can just continue staying in US.

 

[Abcx]

You cant maintain any nonimmigrant status being from Canada(unless you reenter US every month) but you seem to be moving to Canada and not going to commute hence you should be staying inside US or try for consular processing. So you cant file 485 for consular processing since you are moving through your company?

Thanks - I will have to visit my employer in the US multiple times a year, though usually it's not once a month. Would that be a problem if it's not once a month? There seem to be examples on this forum (agrisiva) who 'commuted' once or twice a year. The one slight difference in my case in terms of maintaining H1B status would be that my residence in Canada would be on the other side of the country from my H1B job location in the US.

 

[harirajmohan]

Thanks - I will have to visit my employer in the US multiple times a year, though usually it's not once a month. Would that be a problem if it's not once a month? There seem to be examples on this forum (agrisiva) who 'commuted' once or twice a year. The one slight difference in my case in terms of maintaining H1B status would be that my residence in Canada would be on the other side of the country from my H1B job location in the US.

I can only tell on the current rules that is known. I cant take his/her case on what happened and how. Even today cbp allows many of us without reissuing new I94 after 30 days which is not under any regulation/guidelines but it doesnt mean that its the law. For anyone's safety, one should be trying within the actual allowed period which is in the law rather than the practice thats being followed by few officers.

If you are unsure then call the border and they will tell if they will allow. But no guarantee which officer will be there at the time of your entry.
Or talk to your immigration team on the problem. Ultimately you are the one going to face the border issues - To play it safe, it needs to be based on legally allowed period. For 485 related, you should be doing only based on lawyer/immigration team's advice. If you cant talk to your immigration team right now then you can just pay for a 30-60 mins call to some other attorney and start planning to move so that you dont get into issues later.

 

[desmat]

PR renewal: Its just number of days present as i know that some are nonresident while maintaining the residency days.
Citizenship: To avoid issues, filing as resident helps in getting through without possible doubts/hassle/delay.
Also I dont think that one will be qualified to apply for citizenship without staying for more than 6 months for 1-2 years hence for those years one has to file as resident.
H1 renewal: Its nothing to do with how we file taxes alone but any fraud will anyway affect any type of visa, if found. But filing resident or nonresident doesnt matter as long as its legal/correct.

Just file based on your situation. Should have no issues either with NR or not.
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

My colleague files as NR for a decade+. No issues in visa renewal.

Filing as NR with 1040NR in US tax return, is charging extra tax almost equal to Canadian taxes because the Social Security tax amount and Medicare Tax amount, is not being considered as paid taxes under 1040NR because you dont get any deductions like standard deduction or itemized deduction..

Is that right?
If not, then i am not using right website to check... Which website you or your friend have used to file as NR for all those years?
If yes, then its too much extra tax.
Please suggest.
thanks.

 

[harirajmohan]

Filing as NR with 1040NR in US tax return, is charging extra tax almost equal to Canadian taxes because the Social Security tax amount and Medicare Tax amount, is not being considered as paid taxes under 1040NR because you dont get any deductions like standard deduction or itemized deduction..

Is that right?
If not, then i am not using right website to check... Which website you or your friend have used to file as NR for all those years?
If yes, then its too much extra tax.
Please suggest.
thanks.

Most websites do have 1040nr forms.
Doesnt matter how much we pay in federal or state tax etc as all taxes are considered as taxes paid with respect to filing at CRA. So wont matter much.
olt taxact etc have 1040nr.
yes filing NR at irs will be easily equivalizing the taxes to be paid in Canada.
Also i think we can still claim dependents in Canada while filing at IRS.

 

[mayple]

If you max out 401k, can you still max out RRSP to its full limit, or will it only be the difference between 401k contribution and RRSP limit. E.g. 20,500 for 2022 is the max 401k limit roughly equal to 25625 assuming 1.25 as an exchange rate. RRSP limit for 2022 is 29210. So can you contribute full 29210 or would it be a diff between 29210-25625=3585? This also assumes no prior RRSP contributions in any prior years, nor any tax paid in Canada