Working from home (Windsor, ON) for US employer during COVID times

[samshaik]

Hello All,

I live in US, currently working on H1B status and have a Canadian PR too. Since my home lease in US is ending soon, i'm planning to move to Canada permanently and start daily commuting as soon as border crossing restrictions are lifted, until then (unknown duration due to pandemic situation) I might have to remotely work for my US employer(Detroit based).

So wanted to understand from other H1B daily commuters, since there are border crossing restrictions in place temporarily, how people are managing remote work from Canada for US employer without impacting your H1B status or not breaking immigration laws both side ? Some insight on this topic is greatly appreciated.

 

[samshaik]

If you are so concered maybe wait until the pandemic is over and move.

Appreciate your advise, but as I said my rental lease in US is ending soon. So I have to make a move, but before that I thought of checking with others who are stuck at home and supporting employer remotely.

 

[DEEPCUR]

Appreciate your advise, but as I said my rental lease in US is ending soon. So I have to make a move, but before that I thought of checking with others who are stuck at home and supporting employer remotely.

If you can figure out logistics related to the move, I don’t see anything that would risk your immigration in either place. Just go for it.


You can work from Windsor till the pandemic ends and then start commuting after borders are fully open. there is no issue in working from Canada being on H1b as LCA is applicable only for someone within US. only thing you need to account for site visits from Uscis, but at this time they seem to be doing site audits these days through phone and emailing clients, so someone showing up at your workplace is extremely unlikely. Once they are able come for physical site visits, it would also mean that you should be in a position to commute freely.

another thing to consider is having valid petition for some time. If your extension is coming up soon, your company may expect you to be physically present in US in order to file an extension of stay.

 

[samshaik]

If you can figure out logistics related to the move, I don’t see anything that would risk your immigration in either place. Just go for it.


You can work from Windsor till the pandemic ends and then start commuting after borders are fully open. there is no issue in working from Canada being on H1b as LCA is applicable only for someone within US. only thing you need to account for site visits from Uscis, but at this time they seem to be doing site audits these days through phone and emailing clients, so someone showing up at your workplace is extremely unlikely. Once they are able come for physical site visits, it would also mean that you should be in a position to commute freely.

another thing to consider is having valid petition for some time. If your extension is coming up soon, your company may expect you to be physically present in US in order to file an extension of stay.

Thank you! that helps.

 

[preeti_sharma94]

Thank you! that helps.

Hi,

I'm in a similar situation where I want to move to Canada and keep working remotely for a US employer in Detroit.

I want to know if you looked at any tax implications of such arrangement.

Thanks in advance.

 

[varunrajasekhar]

Hi,

I'm in a similar situation where I want to move to Canada and keep working remotely for a US employer in Detroit.

I want to know if you looked at any tax implications of such arrangement.

Thanks in advance.

Did you get a chance to file an LCA for detroit location? I am curious about this process?

 

[Sree G]

Hi,

I'm in a similar situation where I want to move to Canada and keep working remotely for a US employer in Detroit.

I want to know if you looked at any tax implications of such arrangement.

Thanks in advance.

Hi Preeti ,
Just wondering if your situation is same as mine..
I will live in Windsor starting October 15th .. but my employer is allowing me to work remotely for them from Detroit . so I will have to commute to Detroit each day to my shared office space that i have rented.. are you also in the same situation where you have to commute to Detroit to work for an employer located elsewhere in the US ?

 

[tuhadapeo]

Anyone has an experience or update to share on this?

 

[swan0206]

Hi Preeti ,
Just wondering if your situation is same as mine..
I will live in Windsor starting October 15th .. but my employer is allowing me to work remotely for them from Detroit . so I will have to commute to Detroit each day to my shared office space that i have rented.. are you also in the same situation where you have to commute to Detroit to work for an employer located elsewhere in the US ?

Hey , have you started commuting daily yet from Windsor to Detroit? If yes, weren't you asked the question where do you work ? Or your client name?

 

[Sowmyaapex]

Are you guys working in USA remotely and traveling to USA wfh location from Canada