Questions
- 1. US residential address: Do I need to maintain a residential address in US? My assumption is yes, since LCA will need to filed for H1b
- 2. Maintain H1b status: Is there a requirement to be in US for certain number of days in a year to maintain H1b status? assuming I commute once every two weeks and stay in US for one night.
- 3. Taxes: If I work in US, get paid in USD in US bank account, but (almost) live in Canada; How would taxes work?
- 4. Canadian Citizenship: Is there possibility of additional scrutiny when I apply for Canadian citizenship (with 3 years in this model)?
- 5. H1b renewal: Could this method somehow impact H1b renewal process?
1. No but it depends on your company if they need local address for filing. I dont have any US address but i am within normal commutable distance of 1-2 hours. Per law, your residence should be within commutable distance. Rarely RFE gets issued by uscis hence you can give your friend's address just in case(if your work location far from border).
Also some companies' payroll software dont accept non-US address hence you have to give US address hence it depends on your company.
2. No requirement to maintain status but if you dont have visa then you should maintain status by reentering US every 30 days to have status current. If you have visa then you dont really need to worry about it but you need to make sure your employment can be verified if you travel infrequently - Mostly border guys dont call/verify even if you travel monthly but just in case. Make sure your company know that you travel from Canada so that they are aware and no complexity while dealing with cbp.
3. File in US as usual. File in Canada( you would be declaring that you paid taxes in US and will pay rest of the taxes if any in Canada).
https://www.canadavisa.com/canada-immigration-discussion-board/threads/taxes-payroll-working-in-us-living-in-windsor.551077/#post-6834715
4. Assuming10% chance that some officers might take little more time to review your file due to too many travel dates in & out of the country. But what choice we commuters have. My colleague did not have problem but one member i am watching in forum got delayed and not finished the process.
We cant have US job and expect smooth processing or we cant move to Canada for the job to have smooth processing with huge pay cut. Both have issues.
5. No. We all are renewing H1.