1 day work from US on H1, while citizenship is in process and living in Canada for remaining days of the week.

[prashantgupta8055]

Guys, we all have seen how economic outlook for next few months is. I have a situation and I would appreciate if you can share your thoughts and guide me :-

1. My employer in US wants me to start coming to office at least 1 day a week in US from Jan of 2023 onwards. I currently reside in Canada and have citizenship application in process with AOR in Aug 2022.
2. I also have H1 US visa and my employer wants me to transfer me to US. Current requirement is to work from US office 1 day a week.

My question is as follows:-

1. I plan to join US office of my employer but continue to reside in Canada. I will travel every week for 1 day to US and come back to Canada. Is that legal for PR to work for US employer from Canada and does it impact my citizenship application in any way? Please note, I understand the tax laws and requirement to file tax in both US and Canada and my Canada PR card is good till 2027. However, need some advice from immigration standpoint.

2. From US H1 requirements, can a H1B visa holder work from US for 1 day and come back to Canada and work remotely for remainder of the week ? Please note that my employer is fine with this arrangement as long as I can be physically in US office for 1 day a week.

Thanks!

 

[armoured]

1. I plan to join US office of my employer but continue to reside in Canada. I will travel every week for 1 day to US and come back to Canada. Is that legal for PR to work for US employer from Canada and does it impact my citizenship application in any way? Please note, I understand the tax laws and requirement to file tax in both US and Canada and my Canada PR card is good till 2027. However, need some advice from immigration standpoint.

Perfectly fine from Canadian perspective and as long as you remain compliant with residency obligation, you're good. No idea about US side.

 

[shiremag]

Guys, we all have seen how economic outlook for next few months is. I have a situation and I would appreciate if you can share your thoughts and guide me :-

1. My employer in US wants me to start coming to office at least 1 day a week in US from Jan of 2023 onwards. I currently reside in Canada and have citizenship application in process with AOR in Aug 2022.
2. I also have H1 US visa and my employer wants me to transfer me to US. Current requirement is to work from US office 1 day a week.

My question is as follows:-

1. I plan to join US office of my employer but continue to reside in Canada. I will travel every week for 1 day to US and come back to Canada. Is that legal for PR to work for US employer from Canada and does it impact my citizenship application in any way? Please note, I understand the tax laws and requirement to file tax in both US and Canada and my Canada PR card is good till 2027. However, need some advice from immigration standpoint.

2. From US H1 requirements, can a H1B visa holder work from US for 1 day and come back to Canada and work remotely for remainder of the week ? Please note that my employer is fine with this arrangement as long as I can be physically in US office for 1 day a week.

Thanks!

1. It is completely legal for you to work for a US employer remotely from Canada as a PR/Citizen. Your citizenship application is not affected in anyway as long as you maintain your PR residency obligation till a decision/oath (730 days in 5 years). As for taxes, your employer will deduct US Federal & State Taxes. You will need to file taxes in the US and in Canada and I recommend consulting a cross-border accountant

2. H1B is a dual intent visa that allows you to work in the US in a speciality occupation and you may even commute daily to the US from Canada to work if required. I would recommend applying for Nexus as this would make border crossing easy

 

[prashantgupta8055]

1. It is completely legal for you to work for a US employer remotely from Canada as a PR/Citizen. Your citizenship application is not affected in anyway as long as you maintain your PR residency obligation till a decision/oath (730 days in 5 years). As for taxes, your employer will deduct US Federal & State Taxes. You will need to file taxes in the US and in Canada and I recommend consulting a cross-border accountant

2. H1B is a dual intent visa that allows you to work in the US in a speciality occupation and you may even commute daily to the US from Canada to work if required. I would recommend applying for Nexus as this would make border crossing easy

Great, thanks!

I was just confused about US immigration law for H1 workers, if I just work 4 days(1 day a week ×4 or 5) in a month from US, does that violate any terms of H1?

 

[shiremag]

Great, thanks!

I was just confused about US immigration law for H1 workers, if I just work 4 days(1 day a week ×4 or 5) in a month from US, does that violate any terms of H1?

There is no minimum residency requirements for H1B workers as far as I know. It is issued for 3 years and can be extended once. If you have an approved I-140 it may be extended beyond the limit of 6 years. Also, days spent outside the US on H1B will not be counted towards the 6 year limit and can be recaptured. Make sure you have a travel journal recording your entries and exits in and out of the US as this will be helpful

See: https://isss.temple.edu/faculty-staff-and-researchers/international-employees/h-1b-applicants/maintaining-legal-h-1b-status/recapturing-time-spent-outside-us

 

[Mounat]

You may be OK on both fronts (residency in CA and H1B in the US) but I would suggest talking to a lawyer experienced in cross-border employment with a visa. In addition to the border, you're crossing several legal areas and it's best to be sure. Also, as mentioned, Nexus will help with the border crossings but having a full understanding of your situation and being able to confidently tell the same story every week to two different border agencies is important.

Good luck.