Work from home from Canada - H1B (till August 2022) and Canada PR (COPR valid till Sept 2020)

[canadapr1982]

Hello All and Harirajmohan Sir,



Please advice me. During this COVID, my manager allowed me work from home. As of now, I am doing from work from home for the last 2 months from USA. I am thinking to doing work from home from Canada instead of USA. My H1B is till August 2022. So , my doubts are below:

1. Do I need to apply amendment for H1B as my physical address is change after I move to Canada but my client is same?
2. For how many months I can do work from home from Canada? Is there any limit like 3 to 6 months or there is no limit?
3. I am Saskatchewan nominated so I have to stay in that province for at-least 2 years. Is it true?
4. Is there any issue with USCIS if I am doing work from home from Canada and didn't inform them about my move as my physical address is change after moving? In USCIS website, they mentioned that if our physical address is change then we have to inform USCIS within 10 days?
5. Right now I am on H1B (till August 2022) and Canada PR and COPR will expire in Sept 2020.
6. Is this legal on H1B if I will start work from home from Canada ????

Please help me out with above questions. I am really thankful to you.

 

[harirajmohan]

Hello All and Harirajmohan Sir,



Please advice me. During this COVID, my manager allowed me work from home. As of now, I am doing from work from home for the last 2 months from USA. I am thinking to doing work from home from Canada instead of USA. My H1B is till August 2022. So , my doubts are below:

1. Do I need to apply amendment for H1B as my physical address is change after I move to Canada but my client is same?
2. For how many months I can do work from home from Canada? Is there any limit like 3 to 6 months or there is no limit?
3. I am Saskatchewan nominated so I have to stay in that province for at-least 2 years. Is it true?
4. Is there any issue with USCIS if I am doing work from home from Canada and didn't inform them about my move as my physical address is change after moving? In USCIS website, they mentioned that if our physical address is change then we have to inform USCIS within 10 days?
5. Right now I am on H1B (till August 2022) and Canada PR and COPR will expire in Sept 2020.
6. Is this legal on H1B if I will start work from home from Canada ????

Please help me out with above questions. I am really thankful to you.

1. You dont need and you cant amend for non-US location.
2. No limit but when you reenter then they might ask for proof that you have job in US.
3. No
4. Physical address change is applicable only for the address within US. No jurisdiction outside of US.
5. Are you already a PR or going to land? Confused on why you worry about COPR expiry but you also mentioned about PR.
6. People from branches in locations like India, travel to US on H1 and go back to work in India. So it wont be much different for your case as long as you have job waiting in the US when you seek reentry.

 

[canadapr1982]

1. You dont need and you cant amend for non-US location.
2. No limit but when you reenter then they might ask for proof that you have job in US.
3. No
4. Physical address change is applicable only for the address within US. No jurisdiction outside of US.
5. Are you already a PR or going to land? Confused on why you worry about COPR expiry but you also mentioned about PR.
6. People from branches in locations like India, travel to US on H1 and go back to work in India. So it wont be much different for your case as long as you have job waiting in the US when you seek reentry.

Thanks for your reply sir. I am going to land: Before I thought I am doing soft landing but now I changed my mind and move permanently as my manager will allow work from Canada. One more question Sir, As my car has some loan pending, can i still import my car from USA to Canada and declare in things to follow list. The loan is big so I am confused whether is there any way i can import my car from USA and pay of my remaining loan from Canada??

 

[Usa2canada<3]

Thanks for your reply sir. I am going to land: Before I thought I am doing soft landing but now I changed my mind and move permanently as my manager will allow work from Canada. One more question Sir, As my car has some loan pending, can i still import my car from USA to Canada and declare in things to follow list. The loan is big so I am confused whether is there any way i can import my car from USA and pay of my remaining loan from Canada??

You have to have a notice from the company that had the lien or loan on your car that they give you permission to export.

 

[harirajmohan]

Thanks for your reply sir. I am going to land: Before I thought I am doing soft landing but now I changed my mind and move permanently as my manager will allow work from Canada. One more question Sir, As my car has some loan pending, can i still import my car from USA to Canada and declare in things to follow list. The loan is big so I am confused whether is there any way i can import my car from USA and pay of my remaining loan from Canada??

I have not experienced on bringing the car thats on a loan. Please check with the rules ahead.
At the border cbp stamps the title but not sure about the process without the title.
But bringing car needs the processes to be completed ahead of hitting the border which needs to be started few weeks before the departure date. i was taking it lightly and ended up renting the car for a month to complete the process and then imported the car. So dont wait anymore to start on export process or else you might not be able to bring the car on time and will need another trip to bring the car. Its little painful to bring it over (that too if its under lien as process steps increase) .

 

[canadapr1982]

I have not experienced on bringing the car thats on a loan. Please check with the rules ahead.
At the border cbp stamps the title but not sure about the process without the title.
But bringing car needs the processes to be completed ahead of hitting the border which needs to be started few weeks before the departure date. i was taking it lightly and ended up renting the car for a month to complete the process and then imported the car. So dont wait anymore to start on export process or else you might not be able to bring the car on time and will need another trip to bring the car. Its little painful to bring it over (that too if its under lien as process steps increase) .

You have to have a notice from the company that had the lien or loan on your car that they give you permission to export.

Thanks for your reply.

 

[starlordavuthu]

Hello All and Harirajmohan Sir,



Please advice me. During this COVID, my manager allowed me work from home. As of now, I am doing from work from home for the last 2 months from USA. I am thinking to doing work from home from Canada instead of USA. My H1B is till August 2022. So , my doubts are below:

1. Do I need to apply amendment for H1B as my physical address is change after I move to Canada but my client is same?
2. For how many months I can do work from home from Canada? Is there any limit like 3 to 6 months or there is no limit?
3. I am Saskatchewan nominated so I have to stay in that province for at-least 2 years. Is it true?
4. Is there any issue with USCIS if I am doing work from home from Canada and didn't inform them about my move as my physical address is change after moving? In USCIS website, they mentioned that if our physical address is change then we have to inform USCIS within 10 days?
5. Right now I am on H1B (till August 2022) and Canada PR and COPR will expire in Sept 2020.
6. Is this legal on H1B if I will start work from home from Canada ????

Please help me out with above questions. I am really thankful to you.

I can say one thing for sure, you can work from Canada for few days or weeks but you cannot do that indefinitely. Also if you are planning to work from Canada long term you have to think about tax situation.

 

[canadapr1982]

I have not experienced on bringing the car thats on a loan. Please check with the rules ahead.
At the border cbp stamps the title but not sure about the process without the title.
But bringing car needs the processes to be completed ahead of hitting the border which needs to be started few weeks before the departure date. i was taking it lightly and ended up renting the car for a month to complete the process and then imported the car. So dont wait anymore to start on export process or else you might not be able to bring the car on time and will need another trip to bring the car. Its little painful to bring it over (that too if its under lien as process steps increase) .

Thanks for your reply sir. One more question, Let say my manager will call me in office around oct/nov once this covid is done, at that time Can I use AVR or else I need h1b stamping on my passport??So, Is there any time limit to work from Canada on H1b?

 

[harirajmohan]

Thanks for your reply sir. One more question,
1. Let say my manager will call me in office around oct/nov once this covid is done, at that time Can I use AVR or else I need h1b stamping on my passport??
2. So, Is there any time limit to work from Canada on H1b?

1. H1 status expires after 30 days. It will be technically new entry but mostly the officers will activate the last I94 but some officers will ask you to get new I94.
2. There is no limit. If you travel less frequently, like once in few months and seek just 1 or 2 days entry then few officers might ask why you need H1 at all. If they ask then tell that you are going for work hence you want to maintain H status instead of B1.
So it becomes complicated if you combine less frequency with less number of days of stay in US. They wont question you if you go to US for one month and then come back to Canada for one or few months. I think that monthly also they allow easily as i could see that some people travel monthly.
But for the time being during covid period you can definitely say that you are asked to work from home for one year till vaccine is available - should not be an issue as many IT companies are asking employees to work from home for long duration at least for this year it should not create any issue.

 

[ustocanada49]

What do you mean officers will ask to get new i-94?

I-94 is given by the officer based on your visa/ i797 validity. Am i missing something?

What is this 30 day expiry thing. Never heard of one. Are you referring to AVR?

 

[harirajmohan]

1. What do you mean officers will ask to get new i-94?

2. I-94 is given by the officer based on your visa/ i797 validity. Am i missing something?

3. What is this 30 day expiry thing. Never heard of one. Are you referring to AVR?

1. Anytime you enter US is nothing but seeking new entry to the united states. So officers can very much give you new I94, just like how they gave you when you landed from the plane last time. This can happen during your reentry from your Canadian visit itself, not necessarily new I94 is given only when we land directly from outside of the continent.
2. Yes I94 is always based on the type of visa you seek. And I94 doesnt necessarily to be based on the date of validity of your visa/I797 as very few officers give more or even less validity than the documents you have.
I have received different more and less dates few times. But this doesnt happen often.
3. Yes.

 

[canuck78]

You still have an issue with your car. Most financing companies have issues letting you import the car to Canada. You will need to talk to the company. Although you technically don’t have to would suggest mentioning to your manager that you will be relocating. Some companies are not comfortable with their H1B employees working from Canada.

 

[desmat]

Be aware that some companies might have tax issues if you reside outside of the US while being on payroll.

what type of tax issue?
if you are filing tax at the end of year as US resident then also problem for company?

 

[canuck78]

what type of tax issue?
if you are filing tax at the end of year as US resident then also problem for company?

The issue is that you aren’t a US resident. If you are living in Canada you are a Canadian resident. You must file both taxes.

 

[desmat]

The issue is that you aren’t a US resident. If you are living in Canada you are a Canadian resident. You must file both taxes.

Then what is the problem.. Filing both taxes is not a big issue...
The guy whom i quoted, its a problem for company so i asked...
Also, even if you are not resident in current year more than 183 days in US, still it is not a problem as the resident calculation includes current year, previous year and 2years ago and total of days of all 3years is used to calculate resident for tax purposes.. Sounds right or you don't agree?