Working remotely from Canada in US company as Canadian PR

[aspirant9]

Even if you travel once a month....you are worried about all the legalities...just file an amendment for part time h1b. You can file for say ...40-80 hrs per month. 40 hrs would cover one week of on site work. Rest of time you can get paid as contractor.

One guy from office did just that, he moved to Manitoba and comes one week a month. Our company insisted and converted him to part time employee.....and I think it's the best solution. Even if someone comes for site visit , everything is covered. Also at the border he does not need to worry
....just carry the petition if anything comes up to show he is part time employee.

Hello and thank you so much for sharing this experience. Does this person from your office moved to Manitoba where you have your Canadian office or is he working as an independent contractor while in Canada?

Thank you

 

[DeeptiGupta]

Even if you travel once a month....you are worried about all the legalities...just file an amendment for part time h1b. You can file for say ...40-80 hrs per month. 40 hrs would cover one week of on site work. Rest of time you can get paid as contractor.

One guy from office did just that, he moved to Manitoba and comes one week a month. Our company insisted and converted him to part time employee.....and I think it's the best solution. Even if someone comes for site visit , everything is covered. Also at the border he does not need to worry
....just carry the petition if anything comes up to show he is part time employee.

If we file a petition to work for 40 hrs per month in US, we can still work remotely for 3 weeks from Canada, right?

 

[DEEPCUR]

Even if you travel once a month....you are worried about all the legalities...just file an amendment for part time h1b. You can file for say ...40-80 hrs per month. 40 hrs would cover one week of on site work. Rest of time you can get paid as contractor.

One guy from office did just that, he moved to Manitoba and comes one week a month. Our company insisted and converted him to part time employee.....and I think it's the best solution. Even if someone comes for site visit , everything is covered. Also at the border he does not need to worry
....just carry the petition if anything comes up to show he is part time employee.

Do they spell out the exact weeks with future dates that someone would be present in US while filing part time H1 petition? If it's not specified, then i believe it won't solve the site visit issue as they could show up any time. If dates explicitly specified, then employee might lose of flexibility of needing to travel additionally at times for any crucial meetings.

But is it really needed to take part time route?

Like one's manager can handle site visits and confirm the employment details on h1 holder's behalf if they are not physically available at the time of visit. I believe being out of country would not put them in violation of their status as they won't be subject to US immigration laws when outside US. One violates their status only if they work from a different location that's not mentioned in the petition within US.

At the border.. is it not like every visit is treated uniquely and then length of previous visit should affect the outcome? Like if one has correct visa class to be employed and a valid offer at the time of entry, why would CBP be bothered?

 

[Mirapakay]

Do they spell out the exact weeks with future dates that someone would be present in US while filing part time H1 petition? If it's not specified, then i believe it won't solve the site visit issue as they could show up any time. If dates explicitly specified, then employee might lose of flexibility of needing to travel additionally at times for any crucial meetings.

But is it really needed to take part time route?

Like one's manager can handle site visits and confirm the employment details on h1 holder's behalf if they are not physically available at the time of visit. I believe being out of country would not put them in violation of their status as they won't be subject to US immigration laws when outside US. One violates their status only if they work from a different location that's not mentioned in the petition within US.

At the border.. is it not like every visit is treated uniquely and then length of previous visit should affect the outcome? Like if one has correct visa class to be employed and a valid offer at the time of entry, why would CBP be bothered?

Each case is different and don't assume that you can follow someone who has been the same situation and it will work. I have seen people doing this and messed up. IMHO, using H-1B to travel once a month or so will raise flags in the future - not necessarily your next H-1B extension but future H-1B extensions. So, I would suggest to discuss with an attorney before doing all these gimmicks.

 

[Mirapakay]

I also travel once a month for 5 days on H1x
Have been doing this for last 6 months.
Does it makes sense to apply for Nexus?
Anyone having Nexus and can share their experiences please!

I have no idea. I've quit my job and moved to Canada. I am intending to find a job in Canada rather than trying to travel to US every month at this point of time.

 

[DEEPCUR]

Each case is different and don't assume that you can follow someone who has been the same situation and it will work. I have seen people doing this and messed up. IMHO, using H-1B to travel once a month or so will raise flags in the future - not necessarily your next H-1B extension but future H-1B extensions. So, I would suggest to discuss with an attorney before doing all these gimmicks.

I agree, but it is not any gimmick, if you want to go and work in US even for single day H1 or L1 are the only possible options. Are you aware of any other options where one could work and that works for all nationalities other than these visas?

If you check Avvo, lot of attorneys have stated that it is perfectly okay to do this. Can you tell about the people who messed up on this kind of arrangement? Like were they banned by CBP? Or what did they do and what was the consequence? I am not trying to argue, but just trying to understand.

B1 is purely for business visit and working in any form is big no in that. You just meet people on that nothing more, nothing less. Even if one types single line of code while on B1, they could be technically held for visa abuse. Even gathering requirements is a big no as it is considered as working.

 

[justinline]

Hello and thank you so much for sharing this experience. Does this person from your office moved to Manitoba where you have your Canadian office or is he working as an independent contractor while in Canada?

Thank you

As far as I know he is not joining Canada office...I say as far as....because looks like lot office politics is going on now. As more people are almost demanding the same work arrangement. So yes, he will be part time employee and then work as contractor.

 

[justinline]

If we file a petition to work for 40 hrs per month in US, we can still work remotely for 3 weeks from Canada, right?

Yeah ...why not...as a contractor. If part time then run the payroll for only the hours mentioned in lca, don't go over that.

 

[justinline]

Do they spell out the exact weeks with future dates that someone would be present in US while filing part time H1 petition? If it's anot specified, then i believe it won't solve the site visit issue as they could show up any time. If dates explicitly specified, then employee might lose of flexibility of needing to travel additionally at times for any crucial meetings.

But is it really needed to take part time route?

Like one's manager can handle site visits and confirm the employment details on h1 holder's behalf if they are not physically available at the time of visit. I believe being out of country would not put them in violation of their status as they won't be subject to US immigration laws when outside US. One violates their status only if they work from a different location that's not mentioned in the petition within US.

At the border.. is it not like every visit is treated uniquely and then length of previous visit should affect the outcome? Like if one has correct visa class to be employed and a valid offer at the time of entry, why would CBP be bothered?

I don't think they mentioned exact week. They mentioned something like hrs per month. And I think if you want to mention exact travel plans...you can file lca in that way as well. As far as whether it solves site visit problems or what solves site visit problem or employees working outside of US will create problem or not .....it's for you try it out. I think attorneys in our company are insisting on such arrangement just cover their loose ends. At least they have something to stand upon ....if the question comes why is the employee not present on the site as mentioned on the lca. We got site visit for contractor and he was India, after almost five six months another guy came for site visit for the same contractor. By that time he has moved to some other client. All these site visits I guess spooked our HR so they are playing super safe with h1b employees.

I personally don't think it should be problem working and travelling between US and Canada on h1b. There is guy his handle is agrisiva he travelled once a year on h1b to California during summer. But that was in different era. Times have changed a lot so don't go by what has happened in past.
As far as what works on the border or what kind of questions come up during each entry or what can create problems or what will not.....it's for you test it out. CBP I think have all the discretion in the world. Not saying they are nut jobs sitting on the border.....I am just saying have their own method and madness.
Two cases ...one I came to know recently.
Guy lives in Toronto has b2 stamped and old h1b stamped, was driving to see his wife on h1b. Initially was sent to secondary to get new i94, waiting for an hour, questioning moved present job, is he going to come back , old jobs why he doesn't have h4 stamped. Why is he trying to use this old b2 visa. No matter how much he explained he doesnot live in US, he needs to come back to Canada, their insistence was....he should have gone to consulate and gotten h4.
Another one happened in Niagara falls. Couple lives near the border husband works on h1b. One days due to car trouble he asked her to pick him up. She had both b2 and h4 stamped. When she went to border CBP cancelled her h4 saying she is not eligible for h4 as she doesn't stay in US.

 

[Mirapakay]

I agree, but it is not any gimmick, if you want to go and work in US even for single day H1 or L1 are the only possible options. Are you aware of any other options where one could work and that works for all nationalities other than these visas?

If you check Avvo, lot of attorneys have stated that it is perfectly okay to do this. Can you tell about the people who messed up on this kind of arrangement? Like were they banned by CBP? Or what did they do and what was the consequence? I am not trying to argue, but just trying to understand.

B1 is purely for business visit and working in any form is big no in that. You just meet people on that nothing more, nothing less. Even if one types single line of code while on B1, they could be technically held for visa abuse. Even gathering requirements is a big no as it is considered as working.

You probably know that all the attorneys are exploiting all the loopholes and is the reason why they want to get rid of H-1B (especially for Indians).

 

[su0du0tict]

Hi..
Thanks for responding.. so right now I work in California.. I have been traveling every week from Toronto to San Francisco every week but commute is too much .
So, I chatted with my employer to set up this arrangement.. two week remote and one week on site..
So far, during my weekly visits... I didn't faced any issue .. but now I would be working remotely for some time and on site some time ..
Hence the question

Hello ,
Some questions related to taxes.
1. Does your US income get taxed in Canada
2. Since you are working in the USA, hence, you are already paying taxes in USA and do you end up paying the difference in Canada as taxes
3. The expenses incurred due to travel, can you write that off in your Canadian tax return ?

 

[su0du0tict]

1. You do not need to maintain any residence in US for payroll purposes. I come daily and i do not maintain residence. I file my tax return based on Canadian address. Maintaining residence is waste of money and time. If you are travelling far distance and staying for 2-3 days a week then anyway you would rent a (shared/separate)place which is different but there is no necessity for working here or getting salary in USD. Many executives get paid in USD and work abroad and in our case we work here which is more than enough to have payroll.

Hello Harimohan,
Few questions:
1. You mentioned that you file your taxes based on Canadian address.
So, do you pay taxes in USA for the US income
2. Do you pay the taxes in Canada for your income in the USA
3. Do you get to write off the travel expenses in Canadian tax deductions ?

 

[harirajmohan]

Hello Harimohan,
Few questions:
1. You mentioned that you file your taxes based on Canadian address.
So, do you pay taxes in USA for the US income
2. Do you pay the taxes in Canada for your income in the USA
3. Do you get to write off the travel expenses in Canadian tax deductions ?

1. Yes, paying taxes for US income in US.
2. Yes, paying taxes for US income in Canada. While filing in Canada, the CAD equivalent amount of taxes paid in US would be listed as taxes already paid hence this amount will be deducted from the total taxes to be paid and then if there is any remaining tax to be paid then just that amount would be paid in Canada.
3. I am not sure if we can deduct travel expense. check with a tax consultant.

 

[Mirapakay]

Hello Harimohan,
Few questions:
1. You mentioned that you file your taxes based on Canadian address.
So, do you pay taxes in USA for the US income
2. Do you pay the taxes in Canada for your income in the USA
3. Do you get to write off the travel expenses in Canadian tax deductions ?

You can write off travel expenses only if your company issues a T2200 in Canada. Otherwise, CRA doesn't let you write off travel expenses.

 

[su0du0tict]

I have been following the discussions in this thread , apart from the possible issues at the border crossing and the complications with H1 extension, taxes are also becoming a concern because, I was doing rudimentary calculations and found our that since the tax bracket in Canada is much higher than that of US, the difference amount needed to be paid at Canada would be huge.

What are the experiences of the members of the group/ their friends/ acquaintances who live in Canada and work in US regarding the taxes, do you get some leverage to write off some income to minimize the Canadian taxes ?