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Living in Niagara Falls, ON - Remote job in USA

zen2023

Newbie
Mar 17, 2023
6
1
Hi everyone! Long time lurker, first time poster. I am going to be moving to the Niagara-Buffalo area this June to keep my PR and H1B alive as my firm mentioned a direct transfer to Canada wont work at the time being but can be visited a year later. I work remote. My firm has approved my move to the Buffalo region but is completely remote. I am getting apartments on both sides of the border as a result. My question is do I have to visit the US home everyday or can I visit just like once a week to keep my status alive and stay in compliance with the law?
 

ustocanada49

Star Member
Jan 6, 2017
165
17
Hi everyone! Long time lurker, first time poster. I am going to be moving to the Niagara-Buffalo area this June to keep my PR and H1B alive as my firm mentioned a direct transfer to Canada wont work at the time being but can be visited a year later. I work remote. My firm has approved my move to the Buffalo region but is completely remote. I am getting apartments on both sides of the border as a result. My question is do I have to visit the US home everyday or can I visit just like once a week to keep my status alive and stay in compliance with the law?
If you only have a H1B visa, then you don't need to go to US everyday. H1B does not 'require' you to live in the US. You are 'allowed' to live in the US.
 

zen2023

Newbie
Mar 17, 2023
6
1
@ustocanada49 - what I mean is that I do have a job in the US that currently has an apartment as a worksite. Do I need to visit the worksite all 5 days of the week or can I go in like once or twice a month instead?
 

ustocanada49

Star Member
Jan 6, 2017
165
17
I doubt if there is any such requirement from CBP or USCIS. Your company can have such requirement though. If your job is remote, then there is no need to travel to the US that frequently. I am planning to do what you are planning to do as well but I am planning that in Windsor area. Curious to see what others have to say.
 

Rawhide

Hero Member
Nov 11, 2017
205
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
As long as there are no company requirements you don't need to travel if you have H1B stamping current.

I am working on H1B in Michigan for last 4 years and living in Canada with occasional travel ( every quarter ) on H1B. My company doesn't care or monitor where I am working from. Only time I had to travel every month when my H1B stamping expired and still had approved 797, to keep my options open for travel I used to cross the border every month to keep AVR in green state.
 

ustocanada49

Star Member
Jan 6, 2017
165
17
As long as there are no company requirements you don't need to travel if you have H1B stamping current.

I am working on H1B in Michigan for last 4 years and living in Canada with occasional travel ( every quarter ) on H1B. My company doesn't care or monitor where I am working from. Only time I had to travel every month when my H1B stamping expired and still had approved 797, to keep my options open for travel I used to cross the border every month to keep AVR in green state.
Did you have a US address or a Canadian one on your US payroll?
 

ustocanada49

Star Member
Jan 6, 2017
165
17
Oh okay. If you had US address, when you are filing US taxes, do you pay taxes in the US as a full year resident of the US and of that State and then file again in Canada as Canadian resident and pay the difference there ?
 

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
Oh okay. If you had US address, when you are filing US taxes, do you pay taxes in the US as a full year resident of the US and of that State and then file again in Canada as Canadian resident and pay the difference there ?
That depends if you are actually a US resident. An address doesn’t mean that you are a resident.
 

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
Hi everyone! Long time lurker, first time poster. I am going to be moving to the Niagara-Buffalo area this June to keep my PR and H1B alive as my firm mentioned a direct transfer to Canada wont work at the time being but can be visited a year later. I work remote. My firm has approved my move to the Buffalo region but is completely remote. I am getting apartments on both sides of the border as a result. My question is do I have to visit the US home everyday or can I visit just like once a week to keep my status alive and stay in compliance with the law?
If your firm only approved a transfer within the US so they may require you to spend significant time in the US since they have to be comfortable listing your work address as in the US address. Would speak to your HR department. For IT reasons some companies also require you to be within the US.
 
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