Working remotely from Canada in US company as Canadian PR

[rj16]

Hello guys,

I’m a permanent resident in Canada and I didn’t visit US before.
I got job offer from US company to work remotely from Canada with canadian customer.
The company doesn't have any office or branch in Canada.
I will be direct employee,no contract.
The HR process will start next week, the hire manager told me every thing is OK, but I don't know the HR will accept the PR or not, because all the employ from Canada already have citizenship.
Please advice if I can work with US company with my PR as direct employ
Thanks

There is nothing that should prevent you from working for a US employer. If you're not physically present in the US, their immigration laws don't apply to you. You can work for any employer, as long as you have PR in Canada, your country of residence.

On a general note, the thread has been very informative in various aspects surrounding our situation. I'm also on H1b in US, who has applied for PR in Canada.

 

[canuck78]

Hello guys,

I’m a permanent resident in Canada and I didn’t visit US before.
I got job offer from US company to work remotely from Canada with canadian customer.
The company doesn't have any office or branch in Canada.
I will be direct employee,no contract.
The HR process will start next week, the hire manager told me every thing is OK, but I don't know the HR will accept the PR or not, because all the employ from Canada already have citizenship.
Please advice if I can work with US company with my PR as direct employ
Thanks

You will need to discuss how you will be compensated. You likely will have to set yourself as a consultant in Canada.

 

[rakakatoofaan]

My friend just got denied his H1 renewal.

Note : I am just posting, what I experienced. This comment, does not represent any legal expression.

 

[canuck78]

Hello guys,

I’m a permanent resident in Canada and I didn’t visit US before.
I got job offer from US company to work remotely from Canada with canadian customer.
The company doesn't have any office or branch in Canada.
I will be direct employee,no contract.
The HR process will start next week, the hire manager told me every thing is OK, but I don't know the HR will accept the PR or not, because all the employ from Canada already have citizenship.
Please advice if I can work with US company with my PR as direct employ
Thanks

Based on your previous posts you entered Canada via irregular border using your US visitor visa so you've been to the US. Seems that many who have misled the US and not entered the US to visit are getting their visas refused. Depending on your employer and job this could be an issue. Often consultants do go to head office once in a while. You will need to set yourself as a consultant since your US employer is not set up to take out any deductions.

 

[ggg123]

My friend just got denied his H1 renewal.

Note : I am just posting, what I experienced. This comment, does not represent any legal expression.

Yeah...lot of denials these days for those with FAKE petitions. Its being cracked down no matter you work onsite/commute/remote.
As long as you meet USCIS requirements, you are good

 

[DEEPCUR]

My friend just got denied his H1 renewal.

Note : I am just posting, what I experienced. This comment, does not represent any legal expression.

Denied for what reason? For working remotely?

 

[inder.online]

This is a really informative thread. I have a similar question and some part of it may have been answered.
I am on H1B since last 4 years with a US company. That company has a Canadian Client and I recently got my Canada PR.
I inquired with HR and they ( after checking with their legal attorney ) said I can not be in Canada on H1B.
There may be another option of me starting a LLC company and my US Employer will then work with them. They were not sure about this as they never did something like that before but it seems possible.

I read about such an arrangement on this thread.
Now, I have a question, Can I open a LLC from US itself. I have done my soft landing and have PR Cards.
Do I need to be in Canada for opening the company ?
Can someone please guide through this ?

 

[APPNOV2014NY]

Yes. You can open Canadian corporation 15-30 days before moving to Canada.

 

[inder.online]

When you say you cannot be in Canada....does that mean you cant work remote or you have to maintain US residency.
Just an FYI...there are a ton of people who live in Canada and work in the US.

I meant that as per company, I can be working on H1B Visa while being living in Canada.
They wanted me to explore other options and were sure I can not work on H1B with being in Canada ( although I still feel some company allow it but it may not be a long term solution )

 

[inder.online]

Yes. You can open Canadian corporation 15-30 days before moving to Canada.

Thanks.
I believe I will have to provide a physical address for company address, they do not accept PO Box addresses.
Do you have any suggestion on that. I have not moved in there.
I can probably provide a friend's address as of now but can I change it ( company address ) later ?
So, you are saying, I can open a LLC while not being in Canada at that time?

 

[APPNOV2014NY]

Thanks.
I believe I will have to provide a physical address for company address, they do not accept PO Box addresses.
Do you have any suggestion on that. I have not moved in there.
I can probably provide a friend's address as of now but can I change it ( company address ) later ?
So, you are saying, I can open a LLC while not being in Canada at that time?

I was exploring same few months back and spoke to an accountant. I wanted to open corporation few weeks before I moved to Canada so that I could continue working without break. Accountant mentioned that he will open corporation with his own address and then he will change the address once I have permanent address in Canada. He mentioned that he will charge small fees for that. Things changed on my side and I was able to work out an arrangement where I was not required to open corporation in Canada so I didn't follow up with that accountant.

 

[DeeptiGupta]

Its perfectly legal to live in Canada and work in US. You don't need to hide anything.. After traveling between US and Canada almost every other week.. Normally the conversation with US CBP is like:

"Purpose of visit" : I work in US at [insert company]
"Why were you in Canada": I live in Canada. I am a permanent resident here.
That's it.
Fortunately, my company is a famous one (one where you stream movies, tv series online) and normally there is a small banter around some content which they didnt like.


On Canadian Side: its even faster.
"How long you were in US": Usually, 3-4 days
"Why were you in US": I work there.

And that's it.

So, I am not sure what's wrong in not being forthright with CBP.

Does it really matter how I'm crossing the border? I know lot of people cross border by road from Toronto -Buffalo. Is it fine if we fly every other week from Toronto to work location? Do we have to face lot of questions at the airport immigration?

Appreciate your feedback!

Thanks

 

[pram83]

This is a very informative thread and the sense I get is you can work in Canada on H1B on US Payroll with regular visits to the US, as long as you take care of tax obligations. Is my understanding correct? Will the same be applicable for L1B as well? If there is a separate thread/group for L1B, please let me know?

Thanks in advance.

 

[canuck78]

This is a very informative thread and the sense I get is you can work in Canada on H1B on US Payroll with regular visits to the US, as long as you take care of tax obligations. Is my understanding correct? Will the same be applicable for L1B as well? If there is a separate thread/group for L1B, please let me know?

Thanks in advance.

Some are lying about a US address.

 

[harirajmohan]

This is a very informative thread and
1. the sense I get is you can work in Canada on H1B on US Payroll with regular visits to the US, as long as you take care of tax obligations. Is my understanding correct?
2. Will the same be applicable for L1B as well?
3. If there is a separate thread/group for L1B, please let me know?
Thanks in advance.

1. First, understand that you dont need any visa to be working from Canada. All small/new/crooked companies/HR team think some sort of different way to deal with problems. As candidate has ssn/itin, they can just pay the money after deducting taxes but their assumption is that they need work authorization. There are multi national big companies pay many executives in USD while they sit outside - as they are outside, the companies dont process any work authorization without any requirement.
Second, only if your company wants you to be visiting frequently for work then you need work visas such as H or L or xyz.
Third, Tax obligation is nothing to do with status. One has to pay taxes irrelevant of candidate held/holding any authorization or not.
2. H or L are meant for work to be performed in US. Some use it to work there completely but some use it to work partially there.
But some go up to the extend of purely maintaining status by entering once in a month(using the technicality of maintaining status if one enters every 30 days).
3. I think that its not there. You can start one.