Maintaining U.S. H1B visa in Canada

[dphotawala]

2. US rules govern within the US and making US as primary location doesnt help and its not required to get pay in USD (irrelevant of working remote or maintaining H1 status by travelling frequently). You cannot make US as primary location when you live in some other country.
Many work from remote from outside US (for which US rules doesnt apply unless they need to maintain H1 status and travel frequently) and many commute daily (commuters dont keep US as primary location even at uscis applications).
4. Try to find if your previous employer's 140 can be used to get your non-cap H1 which will solve your main H1 issue which is your primary concern. I dont know much about using previous employer 140 while being outside.

2. All entities that are governed by United States are required to hire employees with valid work authorization. And since my work authorization is dependent on my H1-B visa, my employer is required to fulfill my pay according to the H1-B petition; thus the payout has to be in USD. As far as the primary residence goes, my home in Texas should be considered my primary residence since that's the only home I own and that is where all my documents deliver. However, this could be debatable topic and therefore I am trying to find out all possible options.
4. The old I-140 is no good to me except for the fact that I keep its priority date even with a new I-140. The immigration rules states that a person can file "Adjustment of Status" (3rd and last step of GC process) only when (1) Their priority date is current (2) They are actively working for the same employer that filed their petition. That said, the question remains - Is there a way for me to file a new H1-B petition two years down the road? If so, on what basis?

 

[DEEPCUR]

2. All entities that are governed by United States are required to hire employees with valid work authorization. And since my work authorization is dependent on my H1-B visa, my employer is required to fulfill my pay according to the H1-B petition; thus the payout has to be in USD. As far as the primary residence goes, my home in Texas should be considered my primary residence since that's the only home I own and that is where all my documents deliver. However, this could be debatable topic and therefore I am trying to find out all possible options.
4. The old I-140 is no good to me except for the fact that I keep its priority date even with a new I-140. The immigration rules states that a person can file "Adjustment of Status" (3rd and last step of GC process) only when (1) Their priority date is current (2) They are actively working for the same employer that filed their petition. That said, the question remains - Is there a way for me to file a new H1-B petition two years down the road? If so, on what basis?

You can keep filing your H1 extension based on your previous i140 until your date becomes current. Even if the i140 gets withdrawn by your previous employer, you can still use it to get extensions until your priority date gets current. Your new employer can redo the GC whenever they are able to.

 

[cpatolia]

Thank you all for the responses. So, I believe the gist is I can continue to work from Canada on H1B as far as my employer is Ok with it. Subsequently, I am soon going to apply for renewal of my H1B and I know I am going to move to Canada by then. Please share your views on what would be the address I provide for the LCA application.

HI So did you filed for renewal and how did it went?

 

[harirajmohan]

HI So did you filed for renewal and how did it went?

H1 renewal gets done as usual. No change in process wise except that employee's address would be in Canada. No issues in that.

 

[cpatolia]

H1 renewal gets done as usual. No change in process wise except that employee's address would be in Canada. No issues in that.

Thanks, have you done it?

 

[harirajmohan]

Thanks, have you done it?

Yes, thats why i am telling.

 

[ultron]

Hello Everyone,

How can I maintain my H1B if I quit my USA job and coming to Canada to work for a Canadian employer?

p.s. I don't have my I-140 filed.

 

[fr72]

Hello Everyone,

How can I maintain my H1B if I quit my USA job and coming to Canada to work for a Canadian employer?

p.s. I don't have my I-140 filed.

you cannot.

 

[lampbreaker]

Hello Everyone,

How can I maintain my H1B if I quit my USA job and coming to Canada to work for a Canadian employer?

p.s. I don't have my I-140 filed.

You cannot 'maintain' it. But if you have not used up your 6 years, you will be eligible for a cap-exempt petition for up to 6 years after you leave the US. So same or different employer can file a cap-exempt petition for you within 6 years after you leave the US.

 

[itsmyid]

You cannot 'maintain' it. But if you have not used up your 6 years, you will be eligible for a cap-exempt petition for up to 6 years after you leave the US. So same or different employer can file a cap-exempt petition for you within 6 years after you leave the US.

This “up to 6 years” is a bit misleading, yes if you haven’t used up your 6 years your employer can file the petition for you, but it will only be for the unused portion of your H1B, I.e. if you have used 5 and half years of it before moving out of the US, when you come back you can only recapture 6 months of H1

 

[Samoinp]

This “up to 6 years” is a bit misleading, yes if you haven’t used up your 6 years your employer can file the petition for you, but it will only be for the unused portion of your H1B, I.e. if you have used 5 and half years of it before moving out of the US, when you come back you can only recapture 6 months of H1

Along with the time spent outside US (vacation etc) during those 5 and half years right?

 

[cpatolia]

Hello,

I have a query regarding working from home in Canada for a US employer. I have gotten great details about this situation on relevant threads. However, I am wondering If I work from home (or remotely, if I may say so) I have a couple of questions that I did not get clear answers to.
1. How can we justify working remotely from Canada for a US employer when the employer location is far from the US-Canada Border (say Florida)
2. Is it necessary to travel to the employer location to maintain the H1B? If yes, what is the frequency of travel required. Or, is it okay to travel to a city/town in the US that is closer to the border. If the second option is possible, what would you tell the Custom Border Police on the reason to visit.
3. Currently, my employer is in Florida and I am currently working remotely from Seattle. In this case, what would the labor wage requirement in my upcoming H1B renewal assuming I relocate to Canada before applying for renewal.

Expert opinions are much appreciated and thank you all in anticipation to resolving answers.

We need to share our expierence on how things are going so far...doing it...and issues etc....

Our common issues are
1) Working for US companies via H1B while physically in Canada...( I asked my company's immigration lawyer and she said it is fine, if company is OK)
2) How to handle taxation in both countries..(I realized that as long as you are paying IRA and CRA more or equal to what they think they should get, they don't care)
3) Issues, if any, during Canadian citizenship application (most of such guys are still far from this, I guess)

 

[lampbreaker]

We need to share our expierence on how things are going so far...doing it...and issues etc....

Our common issues are
1) Working for US companies via H1B while physically in Canada...( I asked my company's immigration lawyer and she said it is fine, if company is OK)
2) How to handle taxation in both countries..(I realized that as long as you are paying IRA and CRA more or equal to what they think they should get, they don't care)
3) Issues, if any, during Canadian citizenship application (most of such guys are still far from this, I guess)

4) Issues related to traveling to the US (frequently, once in a while etc.)

 

[prasadpp]

We need to share our expierence on how things are going so far...doing it...and issues etc....

Our common issues are
1) Working for US companies via H1B while physically in Canada...( I asked my company's immigration lawyer and she said it is fine, if company is OK)
2) How to handle taxation in both countries..(I realized that as long as you are paying IRA and CRA more or equal to what they think they should get, they don't care)
3) Issues, if any, during Canadian citizenship application (most of such guys are still far from this, I guess)

Hi Guys, I'm in the same boat, can someone share your experiences how did you managed to get paid in USD while still physically working in Canada?

P.S. - In my case My employer has their presence in Canada (Office setting)

 

[Illinois60]

All these things are good till u have kids. U can travel and do a lot of stuff, the day ur refused entry in US coz u didn’t satisfy officer at POE. The cookie crumbles.