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

[prudhvi]

Hi Guys,

I am creating this thread for the people who are doing daily commute or who are planning to do it from Windsor to Detroit.
I am a Permanent resident of Canada and H1B holder of the USA.

I stayed in Canada for 5 and half years from 2011 to 2016 and also did my masters at university of Windsor. I moved to USA in April 2016 for some personal reasons.and always have a plan to move back to Canada, but luckily I got a full-time opportunity in Detroit company which is in downtown and near to the border.

So, now i am planning to do the daily commute by living in Windsor.If any one who are doing this, please share your experience. If I do a daily commute before getting a nexus card, will I get a stamp on my passport daily? How to start the process to get a nexus card?
Is there anyone who is planning to do the daily commute in the future?

 

[H1B_140approved_CanadaPR]

I am doing same on west coast...

No, Your passport will not be stamped everyday. You need to have stamped H1B along with Paper I94 ( If you dont have paper I-94, you will get it while entering by road first time when they send you in, simple process)

You can apply for Nexus here: https://goes-app.cbp.dhs.gov/goes/jsp/login.jsp;jsessionid=HXiyMzGZFokeNFVCReXVTiuXaDG6JviDHRqy92DB6lqm6LzCtnzR!-1135677989

More information Nexus here: http://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html

 

[Donmakaveli]

Hey guys, its good to find there are people who are already doing this. I intend to do this too pretty soon around the east coast in newyork. Do i need the Nexus card to be able to pass the border daily? Whats the advantage?

 

[boatyyo]

Hi Guys i'm also looking for options around this. Will you be working in US on H1b then and stay in Canada with PR?

 

[karthik2479]

Is this even allowed? What is the address you will show on your payslips for tax returns? Since you don't have a residence in US? If that's the case can one work remotely as well?

 

[karthik2479]

Related question - let's say you can do this and you commute daily, are you satisfying the residency requirement for PR? So in theory can you commute for 3 years and then apply for citizenship in Canada? Will that be because you are back in Canada the same day and never stayed overnight outside the country?

 

[prudhvi]

Is this even allowed? What is the address you will show on your payslips for tax returns? Since you don't have a residence in US? If that's the case can one work remotely as well?

it works, but as per my knowledge, even if you don't work in canada..you need to pay taxes in both countries

 

[prudhvi]

Related question - let's say you can do this and you commute daily, are you satisfying the residency requirement for PR? So in theory can you commute for 3 years and then apply for citizenship in Canada? Will that be because you are back in Canada the same day and never stayed overnight outside the country?

Yes it will work. If you are coming back to Canada within 24 hrs it will be counted as a day resided in Canada.
But, still there are some backdrops. You need to pay taxes in both the countries.

 

[prudhvi]

I am doing same on west coast...

No, Your passport will not be stamped everyday. You need to have stamped H1B along with Paper I94 ( If you dont have paper I-94, you will get it while entering by road first time when they send you in, simple process)

You can apply for Nexus here: https://goes-app.cbp.dhs.gov/goes/jsp/login.jsp;jsessionid=HXiyMzGZFokeNFVCReXVTiuXaDG6JviDHRqy92DB6lqm6LzCtnzR!-1135677989

More information Nexus here: http://www.cbsa-asfc.gc.ca/prog/nexus/application-demande-eng.html

If you don't have the nexus card, and you are crossing border with passport and visa, will you be stopped and questioned by US officers daily at the border?

 

[karthik2479]

Yes it will work. If you are coming back to Canada within 24 hrs it will be counted as a day resided in Canada.
But, still there are some backdrops. You need to pay taxes in both the countries.

Paying taxes in both countries is ok - there will be reciprocal treaties and you can claim relief to the portion paid in the higher taxed country. What I need to know is where is it mentioned legally that a H1B holder can work legally outside the US and work for the US employer without any repercussion.

 

[karthik2479]

If you don't have the nexus card, and you are crossing border with passport and visa, will you be stopped and questioned by US officers daily at the border?

Yes you will have to go through the officers in that case. Even with Nexus you can be asked to go for secondary inspection

 

[harirajmohan]

Yes you will have to go through the officers in that case. Even with Nexus you can be asked to go for secondary inspection

Correct.

If you don't have the nexus card, and you are crossing border with passport and visa, will you be stopped and questioned by US officers daily at the border?

Nexus card doesnt mean you are allowed to pass through. Everyone needs to stop at the booth but its mostly not much/less questions for nexus but as Karthik said there can be secondary inspection or car inspection sometimes for anyone (with or without nexus).

Paying taxes in both countries is ok - there will be reciprocal treaties and you can claim relief to the portion paid in the higher taxed country. What I need to know is where is it mentioned legally that a H1B holder can work legally outside the US and work for the US employer without any repercussion.

Well, you can maintain the status of H1 for 30 day outside US. Every 30 days you should enter US to retain the status. So you decide if it will workout for you. US$ salary outside is just to do the option acceptable by the company. As long as they are agreeing to pay then no one cares. Few months i was outside during which i was continuing my US salary. No issues. As long as company is paying tax, no one worrys about it.

Is this even allowed? What is the address you will show on your payslips for tax returns? Since you don't have a residence in US? If that's the case can one work remotely as well?

Canadian address will be in your payslip. This is nothing to do with being paid/working/residing in US. If employer agrees to pay in US$ then they can to employee(inside or outside US). Example, many top executives who are outside US in many companies get paid in US (irrelevant of citizenship). There is no different rule for them and us.

 

[karthik2479]

Correct.


Nexus card doesnt mean you are allowed to pass through. Everyone needs to stop at the booth but its mostly not much/less questions for nexus but as Karthik said there can be secondary inspection or car inspection sometimes for anyone (with or without nexus).


Well, you can maintain the status of H1 for 30 day outside US. Every 30 days you should enter US to retain the status. So you decide if it will workout for you. US$ salary outside is just to do the option acceptable by the company. As long as they are agreeing to pay then no one cares. Few months i was outside during which i was continuing my US salary. No issues. As long as company is paying tax, no one worrys about it.


Canadian address will be in your payslip. This is nothing to do with being paid/working/residing in US. If employer agrees to pay in US$ then they can to employee(inside or outside US). Example, many top executives who are outside US in many companies get paid in US (irrelevant of citizenship). There is no different rule for them and us.

Thanks. Yes few days/months I have also done it - but on extended basis is the question. In any case, if you get a salary, tax will be withheld. State tax is deducted based on your place of residence - if you give a Canadian address how will that be handled? And what do you indicate as state of residence at the end of the year or you file it as a non resident alien I suppose in which scenario you cannot claim full exemption.

 

[harirajmohan]

Is this even allowed? What is the address you will show on your payslips for tax returns? Since you don't have a residence in US? If that's the case can one work remotely as well?

Thanks. Yes few days/months I have also done it - but on extended basis is the question. In any case, if you get a salary, tax will be withheld. State tax is deducted based on your place of residence - if you give a Canadian address how will that be handled? And what do you indicate as state of residence at the end of the year or you file it as a non resident alien I suppose in which scenario you cannot claim full exemption.

State tax - For all Canadian residents who travel daily/weekly to US are also taxed for state. It was my assumption too that its based on residence but when it comes to the candidates travelling from other country every day i think that HR guys place the residence tax state as the state we work. I think its just defined by the HR to determine which is the resident state for tax purposes. (we might have heard the consulting companies place candidates in other states and deduct tax for texas or some other state where they have operations( that have no tax). so its the company who determines and pays/sets the state residency for tax purposes.) however they determine which i dont know but we get taxed for the state where we work which i know for sure. I dont know if you get too much difference for NR and Resident taxes in terms of refund, i am not sure. I did not notice much difference few years ago but dont know now. I think we can test it out from the tax sites by changing the residency and see what it gives difference in refund.

 

[prudhvi]

Guys do you know how will be the screening on US side when you are going daily?