Working remotely from Canada in US company as Canadian PR

[harirajmohan]

If you are working in an adjacent city across the border it is just considered normal commuting. Many employers are creating special contracts based on the employee wanting to keep working but remotely. The bargaining power is a bit different when you are the one trying to keep your job but move to Canada

Agree. Yes thats why employer might not be willing to pay as they allowed for remote work hence using the situation. Also client might not pay additionally other than the current USD billing rate too might be the reason.

What people don’t always realize with working on an H1B while living in Canada is that you must include your US residential address. Some don’t actually secure their own accommodations and their own lease which is what they should do. Some include the address of a friend or family member where they don’t stay or pay rent.

There is no rule for needing a US residential address but one needs to be in commutable distance from the work location.
My H1 filed with US residential address as "N\A - Commuter" and foreign address as Canadian address and one page note on the commuting distance between US address and Canada home address.
https://www.law.cornell.edu/cfr/text/20/655.715
There are few RFEs we could see from trackitt forum on why the candidate lives in Texas while the work location is CA.

So US address is not mandatory but having candidate's home/residence closer to work location is mandatory to comply with H1 rules.

 

[aspirant9]

Agree. Yes thats why employer might not be willing to pay as they allowed for remote work hence using the situation. Also client might not pay additionally other than the current USD billing rate too might be the reason.


There is no rule for needing a US residential address but one needs to be in commutable distance from the work location.
My H1 filed with US residential address as "N\A - Commuter" and foreign address as Canadian address and one page note on the commuting distance between US address and Canada home address.
https://www.law.cornell.edu/cfr/text/20/655.715
There are few RFEs we could see from trackitt forum on why the candidate lives in Texas while the work location is CA.

So US address is not mandatory but having candidate's home/residence closer to work location is mandatory to comply with H1 rules.

Thank you for providing this information and law resource. May I ask in your LCA, what is added as your work location? Is it the US branch address?

 

[harirajmohan]

Thank you for providing this information and law resource. May I ask in your LCA, what is added as your work location? Is it the US branch address?

Page 4 "Place of Employment 1": My company's office address where i work.
It needs to be US work site address (actual work location address - might be branch address or it can be client address wherever candidate actually works) because its US employment fulfilled by a foreigner.

 

[Mirapakay]

Agree. Yes thats why employer might not be willing to pay as they allowed for remote work hence using the situation. Also client might not pay additionally other than the current USD billing rate too might be the reason.


There is no rule for needing a US residential address but one needs to be in commutable distance from the work location.
My H1 filed with US residential address as "N\A - Commuter" and foreign address as Canadian address and one page note on the commuting distance between US address and Canada home address.
https://www.law.cornell.edu/cfr/text/20/655.715
There are few RFEs we could see from trackitt forum on why the candidate lives in Texas while the work location is CA.

So US address is not mandatory but having candidate's home/residence closer to work location is mandatory to comply with H1 rules.

I think that's what the whole problem is. They want to loose a resource but not pay fairly.

 

[DeeptiGupta]

There is nothing to be fair. THey dont care what we do outside of US and they dont have jurisdiction in the first place. You dont need to disclose ahead that we work remote but you can very well tell that you come for short visits and work from remote which is anyway logical that you work remote which is why travelling once in a month. They do have control on the purpose of every visit to US. So they expect legally to make sure the candidate has a job in the US. As long as you can prove that then you are fine. If its infrequent, take a letter from the company or at least have recent payslip to handle things at border.
Some member posted that they even asked for HR numbers and stuff. CBP wanted to make sure we actually still work for that company and there is a job for us.

What should we do with the US health insurance?
Does it make sense to get the insurance from US employer even though we have insurance in Canada? Considering once a month travel.
Does the Medical insurance charges still occur even if we deny the employer insurance ?

 

[harirajmohan]

What should we do with the US health insurance?
1. Does it make sense to get the insurance from US employer even though we have insurance in Canada? Considering once a month travel.
2. Does the Medical insurance charges still occur even if we deny the employer insurance ?

1. No need for health insurance through US employer. What i do is to get travel insurance which is 100$ or so per year which is covered for emergency purpose. I think that's enough. Many of my colleagues are not even bothered about it but it should not be ignored as many Canadians in news we can see that they ended up with fat bill. 100-200$ per year is cost effective, should not be considered as expense for the benefit/safety we get.
2. No, they dont charge unless we subscribe/enroll to it.

 

[Mirapakay]

I am planning to do soft landing by road in a couple of weeks. What all can I apply after I finish the PR formalities on the same day? I know I can apply for SIN. Is there anything else I can apply on the same day?

 

[harirajmohan]

I am planning to do soft landing by road in a couple of weeks. What all can I apply after I finish the PR formalities on the same day? I know I can apply for SIN. Is there anything else I can apply on the same day?

What do you want to do with SIN by applying on the same day if you are not going to move to Canada quickly to search/work? i would say that these things can be done later whenever you have time. Just complete landing and do the rest later. Its few mins job once you move here.

Either way, you can only apply if the office is open at the time you are here. Check the nearest location hours http://www.servicecanada.gc.ca/tbsc-fsco/sc-hme.jsp?lang=eng

 

[DeeptiGupta]

1. No need for health insurance through US employer. What i do is to get travel insurance which is 100$ or so per year which is covered for emergency purpose. I think that's enough. Many of my colleagues are not even bothered about it but it should not be ignored as many Canadians in news we can see that they ended up with fat bill. 100-200$ per year is cost effective, should not be considered as expense for the benefit/safety we get.
2. No, they dont charge unless we subscribe/enroll to it.

Thanks! That makes sense.
Any suggestions of company to get travel insurance?

 

[harirajmohan]

Thanks! That makes sense.
Any suggestions of company to get travel insurance?

I usually get only emergency medical/travel insurance for multi trip (each trip duration - few days) which costs less with few companies at least. Last year i got insurance from rsa travel insurance but not sure why there is no option to purchase online hence I took it from manulife yesterday.
https://insttrip.manulife.com/ For my family of 3 it was costing 100$ CAD
https://shop.tugo.com/store/TFG456/coverages It was costing around 120-150

 

[Mirapakay]

What do you want to do with SIN by applying on the same day if you are not going to move to Canada quickly to search/work? i would say that these things can be done later whenever you have time. Just complete landing and do the rest later. Its few mins job once you move here.

Either way, you can only apply if the office is open at the time you are here. Check the nearest location hours http://www.servicecanada.gc.ca/tbsc-fsco/sc-hme.jsp?lang=eng

Well, I am planning to move in the next 6 months based on my work legalities now but wanted to finish my landing formalities so that I don't loose the PR at least. The other thing was, I thought I would need SIN for applying health insurance.

 

[harirajmohan]

1. Well, I am planning to move in the next 6 months based on my work legalities now but wanted to finish my landing formalities so that I don't loose the PR at least.
2. The other thing was, I thought I would need SIN for applying health insurance.

1. You can get it any time. If you are travelling during weekend then you cant unless i think there is some location(dont remember if that thread was talking about some location in Toronto). But hurrying on this doesnt add any value at all.
Even if you move permanently, for work purpose you can apply in the morning and get the job offer that day. Thats all it is with SIN.
2.Not seen a province asking SIN compulsory. You can get complete list of documents you require online. Check before deciding on it.

 

[Mirapakay]

1. You can get it any time. If you are travelling during weekend then you cant unless i think there is some location(dont remember if that thread was talking about some location in Toronto). But hurrying on this doesnt add any value at all.
Even if you move permanently, for work purpose you can apply in the morning and get the job offer that day. Thats all it is with SIN.
2.Not seen a province asking SIN compulsory. You can get complete list of documents you require online. Check before deciding on it.

Sounds good.

1. So, technically I can just do the landing and return back to US on the same day and this could be a weekend too if I don't need SIN immediately.
2. How long does it take for PR card to arrive at the address in Canada once I finish the landing process? Because, every time I check online it shows different processing times.

 

[harirajmohan]

Sounds good.

1. So, technically I can just do the landing and return back to US on the same day and this could be a weekend too if I don't need SIN immediately.
2. How long does it take for PR card to arrive at the address in Canada once I finish the landing process? Because, every time I check online it shows different processing times.

1. Yes correct. 2. Yes it varies, depending on the number of applications during that time. Same like our PR application processing.

 

[Mirapakay]

1. Yes correct. 2. Yes it varies, depending on the number of applications during that time. Same like our PR application processing.

And, does it matter which POE we are going through with respect to processing times?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/planning-tips-for-first-time-landing-in-canada-after-getting-copr.578422/
Also, in the above thread for #5, the OP talks about two pieces of address proof. How do we get two address proofs? I might be giving my friend's address initially for my PR card but I might not be staying at the same location once I completely move to Canada. In that case, would the world address suffice or would it be new address?