Daily commute (Detroit-Windsor) (H1b and Canada PR)

[Takita]

It need not be. Your H1 is active irrespective of you travel or not as long as you have an approved visa but you would be questioned when you enter after an year or 2years for work related purposes. they suggest you move to B1/B2 instead of H1 as your work doesn't need your presence frequently. you cannot add a non-US address on LCA.

LCA can have Windsor address per @harirajmohan did same can confirm?

Regarding commute, if I don't cross border every 30days instead commute once every 3months or 6 months, border personnel can suggest B1/B2 but can't cancel H1. correct?

What happens if both B1/B2 and H1 stamps on passport?

p.s. I already have B1/B2 and H1 paperwork starts soon so will have H1 stamp too.

 

[harirajmohan]

LCA can have Windsor address per @harirajmohan did same can confirm?

Regarding commute, if I don't cross border every 30days instead commute once every 3months or 6 months, border personnel can suggest B1/B2 but can't cancel H1. correct?

What happens if both B1/B2 and H1 stamps on passport?

p.s. I already have B1/B2 and H1 paperwork starts soon so will have H1 stamp too.

Per my understanding they can only evaluate the pay and the position within US hence i expect it would be within US which is their jurisdiction.
Simply you should go with what your employer say as opinion of mine/yours wont matter when it comes to employer sponsored H visas/processes. They are trained for it hence just go with their advice.

No effect on having B and H together. Sometimes the cbp might strike it out while giving I94 based on H - it depends on officer. But it doesnt matter as you can easily travel for leisure on H visa itself without separate B visa. (We all travel to US during weekends or daytrips for personal reasons just by showing H stamp while working in US and staying in Canada)

 

[Takita]

It need not be. Your H1 is active irrespective of you travel or not as long as you have an approved visa but you would be questioned when you enter after an year or 2years for work related purposes. they suggest you move to B1/B2 instead of H1 as your work doesn't need your presence frequently. you cannot add a non-US address on LCA.

Is there any impact to H1 if crossed border using B1/B2 but still working for US employer on W2 remote/wfh position with MI Home Office address (Detroit) in LCA and residing in Windsor 99% of the time?

 

[siddix16]

Question for daily commuters, who have extended PR card before : While filling the form IMM5444E, did you provide history of all days you went to work and returned? or just strictly for times when you were outside Canada for longer than a day?

 

[tuhadapeo]

Question for daily commuters, who have extended PR card before : While filling the form IMM5444E, did you provide history of all days you went to work and returned? or just strictly for times when you were outside Canada for longer than a day?

Interested to know if you applied for renewal already. I would expect you provide everything since you became PR Including day trips using physical presence calculator

 

[skarme312]

Interested to know if you applied for renewal already. I would expect you provide everything since you became PR Including day trips using physical presence calculator

While I'm no longer a daily commuter, I did have a significant travel history from the years I was a daily commuter. I personally listed absences greater or equal to 1 day (as defined in the physical presence calculator) and put in an entry called "Day trips". The day trips were then listed as a separate document. I had no issued with PR renewal.

 

[tuhadapeo]

Thanks for sharing. Did you apply for renewal this year? How long was the whole process, mines coming due soon so planning up all docs needed. What all did you submit other than absences? I’m thinking NOA and rental agreement, bank/credit card statements.

While I'm no longer a daily commuter, I did have a significant travel history from the years I was a daily commuter. I personally listed absences greater or equal to 1 day (as defined in the physical presence calculator) and put in an entry called "Day trips". The day trips were then listed as a separate document. I had no issued with PR renewal.

 

[syedhuqa]

Does anyone know if I can use a friend's car to do soft-landing ? I am planning to visit the Peace Arch bridge to do my soft landing after driving from Seattle. But I am not sure, if it will create any issues driving my friend's car or if I will need a rental. If anyone knows the answer to this, that would be appreciated.

 

[swan0206]

Does anyone know if I can use a friend's car to do soft-landing ? I am planning to visit the Peace Arch bridge to do my soft landing after driving from Seattle. But I am not sure, if it will create any issues driving my friend's car or if I will need a rental. If anyone knows the answer to this, that would be appreciated.

Its better you hire a car rental. If your friend is also accompanying with you then no issues or else your landing isn't going smooth for sure. They would ask you for all the papers and more proofs which you want to avoid during a landing. Sometimes they even have questions if you are crossing the border with your own financed/leased car. So friends car without your friend is a NO-NO.

 

[Alex54321]

Its better you hire a car rental. If your friend is also accompanying with you then no issues or else your landing isn't going smooth for sure. They would ask you for all the papers and more proofs which you want to avoid during a landing. Sometimes they even have questions if you are crossing the border with your own financed/leased car. So friends car without your friend is a NO-NO.

I agree. It's always unpleasant to drive US plated car to Canada. I had a big headache a few months ago when got the loaner from US dealership ( left my Canadian plated car to repair in US) and drove loaner home to Canada for a few days. Almost refused me to enter Canada. With real rental vehicle would be better (if a rental company allows to cross the border), but in your case you are doing formal landing and they would suggest that you have to import car to Canada. With the actual car owner - I do not see a problem. It's a tricky one.

 

[syedhuqa]

Its better you hire a car rental. If your friend is also accompanying with you then no issues or else your landing isn't going smooth for sure. They would ask you for all the papers and more proofs which you want to avoid during a landing. Sometimes they even have questions if you are crossing the border with your own financed/leased car. So friends car without your friend is a NO-NO.

I agree. It's always unpleasant to drive US plated car to Canada. I had a big headache a few months ago when got the loaner from US dealership ( left my Canadian plated car to repair in US) and drove loaner home to Canada for a few days. Almost refused me to enter Canada. With real rental vehicle would be better (if a rental company allows to cross the border), but in your case you are doing formal landing and they would suggest that you have to import car to Canada. With the actual car owner - I do not see a problem. It's a tricky one.

Thank you both. I can see why it would be an issue. My friend will not be going along since they do not have a Canadian visa, so it will just be my family and I. I just plan to do soft-landing and make a U-turn back, so I do not anticipate that they will ask to import the car as I will only have a GTF list with me and nothing to show for Goods Accompanying.

I cannot bring my own car since I will be flying in to Seattle and then driving, so that option is not available for me.

 

[USH1CANPR]

Thank you everyone for your answers. Have learnt a lot through these forums. Seeking advice before moving to Windsor as a PR (Currently living and working in Detroit on H1):
1_ Can my spouse on H4 EAD continue to work for her remote US job while living in Windsor?
2_Can my spouse on H4 EAD visit Detroit on the weekends? Will she be asked to switch to a US tourist visa? In which case she will have to stop working in the US.
3_Considering my employer will switch my healthcare benefits to Green Shield Canada, I will have to pay out of pocket for child delivery in the USA. Do a lot of people do it? How expensive is that going to be?
4_Is it ok to not notify the employer of address change to Canada considering I will have my friends Michigan address in the system for all things H1 related anyway?

Please let me know your thoughts and also let us know if there's a whatsapp or telegram group for daily commuters to get added into. Thank you.

 

[Alex54321]

Thank you everyone for your answers. Have learnt a lot through these forums. Seeking advice before moving to Windsor as a PR (Currently living and working in Detroit on H1):
1_ Can my spouse on H4 EAD continue to work for her remote US job while living in Windsor?
2_Can my spouse on H4 EAD visit Detroit on the weekends? Will she be asked to switch to a US tourist visa? In which case she will have to stop working in the US.
3_Considering my employer will switch my healthcare benefits to Green Shield Canada, I will have to pay out of pocket for child delivery in the USA. Do a lot of people do it? How expensive is that going to be?
4_Is it ok to not notify the employer of address change to Canada considering I will have my friends Michigan address in the system for all things H1 related anyway?

Please let me know your thoughts and also let us know if there's a whatsapp or telegram group for daily commuters to get added into. Thank you.

Very interesting questions you have.
1. The answer depends on US company, whether the US company policy allows an employee to be located "overseas" and to work remotely. One thing is to work remotely, let say from Florida ( even this is questionable), another thing is to work in US, living in another country.

2. Your spouse can travel outside and into the country with no restrictions with H4 visa, the same is with your H1 visa (assuming you have a valid passport).
By the way how are you going to travel to US? By car? The vehicle has to be imported to Canada if you move to Canada permanently.

3. The big one - "child delivery in the USA". Think about it. The child born in US will be US citizen. He/she will become the Canadian citizen later as well. The dual US/Canada citizen who lives/work in Canada or any other country will have to file US taxes on world income the whole life.

4. Not sure how not to notify the employer of address change to Canada if you said that "my employer will switch my healthcare benefits to Green Shield Canada".
Again, does your US company allow you to continue work in US and live in Canada?
Are you going to work remotely or travel to Michigan? If travel, what about health insurance? You are not gonna be covered by OHIP while you are in US.
Future taxation. You will become, I assume, a nonresident alien from US point of view and Canadian resident with obligation to file Canadian taxed on world income.

5. Bonus. Benefits like IRA, 401k plan, etc. I assume you have ones. How are you going to handle this by moving to Canada and continue to work to US company? You deductible RRSP room will be available to you only on second year living in Canada, first year 401K contributions are not deductible for Canadian taxation. So, expect your taxes will be bigger.

 

[USH1CANPR]

Very interesting questions you have.
1. The answer depends on US company, whether the US company policy allows an employee to be located "overseas" and to work remotely. One thing is to work remotely, let say from Florida ( even this is questionable), another thing is to work in US, living in another country. --- Makes sense. Guess will know more when the subject is broached with the company.

2. Your spouse can travel outside and into the country with no restrictions with H4 visa, the same is with your H1 visa (assuming you have a valid passport).
By the way how are you going to travel to US? By car? The vehicle has to be imported to Canada if you move to Canada permanently. --- That is good to know that H4 will not have any restrictions coming into US occasionally. Planning on getting a Canadian Car once I move there.

3. The big one - "child delivery in the USA". Think about it. The child born in US will be US citizen. He/she will become the Canadian citizen later as well. The dual US/Canada citizen who lives/work in Canada or any other country will have to file US taxes on world income the whole life. --- Long term plan is to move back to US. Hence the lets have a child in the USA idea. To make things easier for them in the future. Would appreciate if anyone has had a delivery in the USA paying out of pocket and the associated costs.

4. Not sure how not to notify the employer of address change to Canada if you said that "my employer will switch my healthcare benefits to Green Shield Canada".
Again, does your US company allow you to continue work in US and live in Canada? --- No restrictions from the US employer on moving to Canada. Will be commuting from Windsor to Detroit Daily.
Are you going to work remotely or travel to Michigan? If travel, what about health insurance? You are not gonna be covered by OHIP while you are in US. --- I did bring this up to the HR. All they care is my residence address. If US, then US benefits, if Canada then Green Shield Canada. Hence the question about keeping my US address in the records and moving to Windsor.
Future taxation. You will become, I assume, a nonresident alien from US point of view and Canadian resident with obligation to file Canadian taxed on world income. --- That is the plan, correct

5. Bonus. Benefits like IRA, 401k plan, etc. I assume you have ones. How are you going to handle this by moving to Canada and continue to work to US company? You deductible RRSP room will be available to you only on second year living in Canada, first year 401K contributions are not deductible for Canadian taxation. So, expect your taxes will be bigger. --- Apparently so. Been told, you win some, you lose some.

Thank you for taking the time to respond by the way. Appreciate it.

 

[swan0206]

Thank you everyone for your answers. Have learnt a lot through these forums. Seeking advice before moving to Windsor as a PR (Currently living and working in Detroit on H1):
1_ Can my spouse on H4 EAD continue to work for her remote US job while living in Windsor?
2_Can my spouse on H4 EAD visit Detroit on the weekends? Will she be asked to switch to a US tourist visa? In which case she will have to stop working in the US.
3_Considering my employer will switch my healthcare benefits to Green Shield Canada, I will have to pay out of pocket for child delivery in the USA. Do a lot of people do it? How expensive is that going to be?
4_Is it ok to not notify the employer of address change to Canada considering I will have my friends Michigan address in the system for all things H1 related anyway?

Please let me know your thoughts and also let us know if there's a whatsapp or telegram group for daily commuters to get added into. Thank you.

2. This can be doable for few trips but later they question why is she still using H4 for travel as you are no longer a resident of US and why does she need a dependent visa, they would suggest her to take a B1/B2.
Its better if she can switch her job to a Canadian entity or minimize her travel. I am really not sure if anyone has frequently travelled on a H4 without their H1 being a resident of US. If spouse is a resident of USA then no worries, H4 can travel weekly.