working remotely from Canada while on H1B

[maybloom666]

Hello,

I've been working for the same client for the past 5 years (EVC model) . My I-140 has been approved and current H1b is valid till sep 2021. I am applying for a Canadian PR ( as a dependent Spouse ) . I am thinking of working remotely from Canada three weeks out of a given month while on H1B (With one week of onsite visit).
I spoke to my company's HR department about the possibility of me working remotely from Canada , and they said they don't see too many problems as long as the client agrees. I also talked to my company's attorney, he said it can certainly be done ( It was a quick 3 min conversation and he didn't sound so sure ) . So , I was wondering if anyone had actually done it or currently doing it (as opposed to the daily commute I see most people doing) and if yes, I would greatly appreciate it, if you can share your experiences (especially the questions you get during border crossing from Canada to USA for work).

Also, a few more things to give you a background :
I live 6 hours (drive) away from the closest Canadian Border and the client allows network traffic only from US and Canada. My payroll would still be run under NY state and I will be maintaining a residence in NY. I understand I will have to file taxes both as a US and Canadian resident .

 

[harirajmohan]

Hello,

I've been working for the same client for the past 5 years (EVC model) . My I-140 has been approved and current H1b is valid till sep 2021. I am applying for a Canadian PR ( as a dependent Spouse ) . I am thinking of working remotely from Canada three weeks out of a given month while on H1B (With one week of onsite visit).
I spoke to my company's HR department about the possibility of me working remotely from Canada , and they said they don't see too many problems as long as the client agrees. I also talked to my company's attorney, he said it can certainly be done ( It was a quick 3 min conversation and he didn't sound so sure ) . So , I was wondering if anyone had actually done it or currently doing it (as opposed to the daily commute I see most people doing) and if yes, I would greatly appreciate it, if you can share your experiences (especially the questions you get during border crossing from Canada to USA for work).

Also, a few more things to give you a background :
I live 6 hours (drive) away from the closest Canadian Border and the client allows network traffic only from US and Canada. My payroll would still be run under NY state and I will be maintaining a residence in NY. I understand I will have to file taxes both as a US and Canadian resident .

As your payroll is based in US, there is no issue on number of days in a month you work in US.
You dont need to maintain residence in US to commute & work in US. It would be waste of money for you.
Questions at border: Just usual questions about the job and location. Initially you will be asked why you moved to Canada. Not much.

 

[aspirant9]

Hello,

I've been working for the same client for the past 5 years (EVC model) . My I-140 has been approved and current H1b is valid till sep 2021. I am applying for a Canadian PR ( as a dependent Spouse ) . I am thinking of working remotely from Canada three weeks out of a given month while on H1B (With one week of onsite visit).
I spoke to my company's HR department about the possibility of me working remotely from Canada , and they said they don't see too many problems as long as the client agrees. I also talked to my company's attorney, he said it can certainly be done ( It was a quick 3 min conversation and he didn't sound so sure ) . So , I was wondering if anyone had actually done it or currently doing it (as opposed to the daily commute I see most people doing) and if yes, I would greatly appreciate it, if you can share your experiences (especially the questions you get during border crossing from Canada to USA for work).

Also, a few more things to give you a background :
I live 6 hours (drive) away from the closest Canadian Border and the client allows network traffic only from US and Canada. My payroll would still be run under NY state and I will be maintaining a residence in NY. I understand I will have to file taxes both as a US and Canadian resident .

Hello,

I am in the same boat, would you be able to share your experience, please. How are you managing to work remotely from Canada for the US employer? What kind of questions were asked on both borders when you traveled once a month. Thank you.

 

[amit.r]

I have a Canada PR and also H1B. I currently have job with US company (W-2 employee). I know I can work remotely from Canada in such cases and I have to pay personal income tax to Canada & US separately. However, does my company also need to pay taxes to Canadian Government if I work remotely from Canada for US employers.

 

[Dimhil]

On the same boat guys, What I have heard is that H1B is Location-specific, how can we justify our location as Canada when we go for stamping or when we apply for an extension?

 

[harirajmohan]

I have a Canada PR and also H1B. I currently have job with US company (W-2 employee). I know I can work remotely from Canada in such cases and I have to pay personal income tax to Canada & US separately.

1. However, does my company also need to pay taxes to Canadian Government if I work remotely from Canada for US employers.

1. Employers pay taxes from where they operate and for the employees who are in their payroll.
Its same way like offshore invoices/trade. Employer obligation ends in that country where they operate, not to the country where they pay/send money.
Also you are getting in USD hence Canada is not in the picture at all.

 

[amit.r]

thank you very much.. By any chance - do u have any reference material / link, etc. related to this.. I am getting this question asked by HR in my office and hence the request

 

[nipsey]

On the same boat guys, What I have heard is that H1B is Location-specific, how can we justify our location as Canada when we go for stamping or when we apply for an extension?

its location specific just inside the US. Outside US no immigration rule applies.

 

[DHP260592]

Do we have any restrictions on how long can we stay in Canada on H1b? Also, do we need to file a new LCA as I know that your work location has to be within 50 miles or so to the address you are registered at. Correct me if I'm wrong on this?

 

[harirajmohan]

Do we have any restrictions on how long can we stay in Canada on H1b? Also, do we need to file a new LCA as I know that your work location has to be within 50 miles or so to the address you are registered at. Correct me if I'm wrong on this?

We get LCA approval for the US work location.
So if you plan to work remote from Canada, you dont need any approval as you dont/cant maintain H1 status while in Canada.

Whats your situation? We can reply based on that instead of answering generic questions.

 

[DHP260592]

We get LCA approval for the US work location.
So if you plan to work remote from Canada, you dont need any approval as you dont/cant maintain H1 status while in Canada.

Whats your situation? We can reply based on that instead of answering generic questions.

I am Canadian PR, did my softlanding in Canada few months back. I have an approved I-797A for my H1b which shall start from Oct 1, 2020. I am planning to work remotely from Canada for few months for my US employer from Oct-Jan after my H1B starts in Oct. Currently I'm on F-1. What issues can I face if I plan to return back to US to work for the same employer in Jan 2021?

PS: I asked the CBP at Peace Arch and Ambassador bridge, they are allowing first time i797A approval holders without the H1b visa stamp into the USA.

 

[harirajmohan]

I am Canadian PR, did my softlanding in Canada few months back. I have an approved I-797A for my H1b which shall start from Oct 1, 2020. I am planning to work remotely from Canada for few months for my US employer from Oct-Jan after my H1B starts in Oct. Currently I'm on F-1. What issues can I face if I plan to return back to US to work for the same employer in Jan 2021?

PS: I asked the CBP at Peace Arch and Ambassador bridge, they are allowing first time i797A approval holders without the H1b visa stamp into the USA.

1. No issues to work remote from canada till Jan.
2. There is no way that you would be allowed without stamping(after losing H1 status while not having H1 stamp). Dont trust on that. Do you have any reference on change in their stance on allowing like that? I have not heard. Post the url/reference if you have.
Unless you start commuting every 30 days with your current F1 visa and current I94, you can not reenter directly in Jan(after leaving US in oct).

 

[DEEPCUR]

1. No issues to work remote from canada till Jan.
2. There is no way that you would be allowed without stamping(after losing H1 status while not having H1 stamp). Dont trust on that. Do you have any reference on change in their stance on allowing like that? I have not heard. Post the url/reference if you have.
Unless you start commuting every 30 days with your current F1 visa and current I94, you can not reenter directly in Jan(after leaving US in oct).

CBP has been allowing people with expired visas even if they have been outside US for 30 days due to pandemic. They have relaxed AVR conditions. Many managed to enter this way and many called Windsor - Detroit port of entry and confirmed this. I believe they are being considerate considering the fact that the consulates are closed. They even extended i94 for someone who got consular approval (i797b) with expired visa. So, whatever the person got by calling must be true.

 

[DHP260592]

1. No issues to work remote from canada till Jan.
2. There is no way that you would be allowed without stamping(after losing H1 status while not having H1 stamp). Dont trust on that. Do you have any reference on change in their stance on allowing like that? I have not heard. Post the url/reference if you have.
Unless you start commuting every 30 days with your current F1 visa and current I94, you can not reenter directly in Jan(after leaving US in oct).

I have myself used AVR in March 2020 at Peace Arch when I did softlanding.
Unfortunately, I do not have any url/reference, that's why I called top 3 land borders Peach Arch, Ambassador bridgr, and Peace Bridge. All three gave me the same answer. I don't think anyone has done that before hence I raised the question here. I need someone who can verify this. Maybe someone else can call them and verify it here on this thread?

 

[harirajmohan]

CBP has been allowing people with expired visas even if they have been outside US for 30 days due to pandemic. They have relaxed AVR conditions. Many managed to enter this way and many called Windsor - Detroit port of entry and confirmed this. I believe they are being considerate considering the fact that the consulates are closed. They even extended i94 for someone who got consular approval (i797b) with expired visa. So, whatever the person got by calling must be true.

1. I too entered in June(after 3 months) - but i thought that they being less strict to avoid touching the documents and coming close contact.
2. I too received my extended I94 even before pre-pandemic for the I797 which is of consular notification. This situation i have heard for years while one is on status currently. But not sure if all officers would be doing the same after months of gap and while having expired (and that too different type of) visa.

When trump is the admin, i dont know if there is any mercy in relaxing rules for immigrants. It would be strange if there is any but possible if there is unofficially. If these are being allowed by all then one should be using it while it lasts and surely risky per me to try to use AVR after 30 days with expired visa.