Daily commute (Detroit-Windsor) (H1b and Canada PR)

[harirajmohan]

1. I wonder where is the source of the 30-day rule?
2. Some people mention it but it seems to be a safe empirical rule but it doesn't really have a legal basis?

1. https://help.cbp.gov/s/article/Article-1218?language=en_US

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for 30 days or less.
• The person's absence from the United States is 30 days or less.

2. Its a rule for CBP, not a practice by cbp. Thats why people can reenter back to US without a visa from neighboring countries.

 

[legends19]

1. https://help.cbp.gov/s/article/Article-1218?language=en_US

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for 30 days or less.
• The person's absence from the United States is 30 days or less.

2. Its a rule for CBP, not a practice by cbp. Thats why people can reenter back to US without a visa from neighboring countries.

Thank you for the link! It's helpful for an H1B/ CA PR newbie here. But I think this only applies to people without valid H1B visas? But if you have valid H1B then there is not really a limit on how long you can be in Mexico or Canada?

Another question is, my US job is based far away from my current location in Canada, but I assume I just need to visit the US border town closer to visit US every 30 days, without going to my actual job city?

Thank you

 

[harirajmohan]

Thank you for the link! It's helpful for an H1B/ CA PR newbie here. But I think this only applies to people without valid H1B visas? But if you have valid H1B then there is not really a limit on how long you can be in Mexico or Canada?

Another question is, my US job is based far away from my current location in Canada, but I assume I just need to visit the US border town closer to visit US every 30 days, without going to my actual job city?

Thank you

Correct, its only for the people with expired visa to worry about maintaining status(and try to make sure they reenter US every 30 days).

The intent(at least on paper) should be to visit the work place city. Since the work city is far, its high chance that multiple cbp officers might ask on how you are reaching that city and how do you manage your stay and info about work schedule at office etc. So you should be prepared to answer. May be they can call the employer(manager/HR) too.
Any suspicion about not actually traveling to the place along with you not able to provide travel detail to destination city will get your in trouble.

 

[legends19]

Correct, its only for the people with expired visa to worry about maintaining status(and try to make sure they reenter US every 30 days).

The intent(at least on paper) should be to visit the work place city. Since the work city is far, its high chance that multiple cbp officers might ask on how you are reaching that city and how do you manage your stay and info about work schedule at office etc. So you should be prepared to answer. May be they can call the employer(manager/HR) too.
Any suspicion about not actually traveling to the place along with you not able to provide travel detail to destination city will get your in trouble.

Thank you, this is very helpful. I have a much clearer idea now - guess just need to stay true and honest.

 

[canprofus]

I



I wonder where is the source of the 30-day rule? Some people mention it but it seems to be a safe empirical rule but it doesn't really have a legal basis?

there is no H1 status outside US. He is saying that based on automatic visa revalidation rule which lets people enter on expired visa and valid i94 if they have been out for 30 days or lesser.

 

[CanucksRajiv]

Reposting again...

I would appreciate if someone can answer it

I am currently working in US and i am allowed to work remote in US. I may have to visit office in New York City once/ twice a month to attend important meetings. So, now can i make following arrangements:

(1) Rent/ buy a place near buffalo - Niagara Falls US and work remotely from that location and commute to Fort Erie Ontario in the evening.
***Has anyone tried this arrangement? Is it possible? I can fly to new york city from buffalo once a while to meet my boss. can ask my employer to add buffalo - Niagara Falls US address in the LCA.***
(2) Does H1Bs are required to satisfy the substantial presence test?
***IRS does not count Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico for substantial presence test***

Thanks in advance!

 

[swan0206]

Reposting again...

I would appreciate if someone can answer it

I am currently working in US and i am allowed to work remote in US. I may have to visit office in New York City once/ twice a month to attend important meetings. So, now can i make following arrangements:

(1) Rent/ buy a place near buffalo - Niagara Falls US and work remotely from that location and commute to Fort Erie Ontario in the evening.
***Has anyone tried this arrangement? Is it possible? I can fly to new york city from buffalo once a while to meet my boss. can ask my employer to add buffalo - Niagara Falls US address in the LCA.***
(2) Does H1Bs are required to satisfy the substantial presence test?
***IRS does not count Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico for substantial presence test***

Thanks in advance!

You cannot do this on a regular basis, it will be a problem for you at the border when cbp officer asks you where do you work/your office location. It is safe bet to cross the border on daily basis only if your work place is at commutable distance from Canada.

This is similar to what @harirajmohan replied to @legends19 question about commute to work.

Also , were you not allowed to work remotely from Canada ? If that is doable best thing is to work remotely from Canada and visit Nyc twice a month when required.

 

[justinline]

Reposting again...

I would appreciate if someone can answer it

I am currently working in US and i am allowed to work remote in US. I may have to visit office in New York City once/ twice a month to attend important meetings. So, now can i make following arrangements:

(1) Rent/ buy a place near buffalo - Niagara Falls US and work remotely from that location and commute to Fort Erie Ontario in the evening.
***Has anyone tried this arrangement? Is it possible? I can fly to new york city from buffalo once a while to meet my boss. can ask my employer to add buffalo - Niagara Falls US address in the LCA.***
(2) Does H1Bs are required to satisfy the substantial presence test?
***IRS does not count Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico for substantial presence test***

Thanks in advance!

1. Make sure the LCA is properly done, with both addresses in the LCA, with itinerary and how much time you are going to spend in each place.
2. Not sure about question here, You would travel regularly across the border to Buffalo to work right? I think that should be fine as long as its on the LCA.

 

[CanucksRajiv]

You cannot do this on a regular basis, it will be a problem for you at the border when cbp officer asks you where do you work/your office location. It is safe bet to cross the border on daily basis only if your work place is at commutable distance from Canada.

This is similar to what @harirajmohan replied to @legends19 question about commute to work.

Also , were you not allowed to work remotely from Canada ? If that is doable best thing is to work remotely from Canada and visit Nyc twice a month when required.

They can allow me to work remotely from Canada but only for certain period. Per them, i need to spend some time in US.

How does it works out for the folks who only visit US once/twice a month and spend rest of the time in Canada? Does it creates any issues in H1B or entering in US? Is there any limit on how long a person on H1B can work outside of US ( Substantial presence test?)?

 

[CanucksRajiv]

1. Make sure the LCA is properly done, with both addresses in the LCA, with itinerary and how much time you are going to spend in each place.
2. Not sure about question here, You would travel regularly across the border to Buffalo to work right? I think that should be fine as long as its on the LCA.

Thanks for the reply.

1. Yes, i will give detailed breakdown to lawyers.
2. Theoretically, it should be possible. However, it looks like no one has done this and hence i was skeptical.

 

[justinline]

They can allow me to work remotely from Canada but only for certain period. Per them, i need to spend some time in US.

How does it works out for the folks who only visit US once/twice a month and spend rest of the time in Canada? Does it creates any issues in H1B or entering in US? Is there any limit on how long a person on H1B can work outside of US ( Substantial presence test?)?

Then why dont you explore converting to contractor working remotely and to enter US do a part time h1b filing. So run only payroll for days spent in US and rest of time get paid as contractor in Canada.

 

[lostrocked]

Do we need to do RT PCR test to travel daily?
Like RTPCR every 3rd day?

 

[swan0206]

Do we need to do RT PCR test to travel daily?
Like RTPCR every 3rd day?

Nope. If you are travelling daily for work you will become an essential traveller. So essential travellers were not asked to provide RTPCR.

 

[canprofus]

Thanks for the reply.

1. Yes, i will give detailed breakdown to lawyers.
2. Theoretically, it should be possible. However, it looks like no one has done this and hence i was skeptical.

how are you planning to provide detailed break down? it might be very hard for you tell them when you would need to go to NY isn't it? like your plans could keep changing based on your meetings in NY etc right. it is not just about giving the plan, but you need to stick to it while traveling as it will be tied in your petition.

in my opinion, you can avoid buffalo LCA altogether and travel to NYC as and when required.. like once or twice a month and work remotely from Fort Eerie rest of the time. that is what most people seem to do these days.

alternatively just give Buffalo alone as your location in LCA and just go to NYC whenever required for meetings.. you are allowed to go to different office not mentioned in LCA if it is just for short trips for meetings etc. keep the destination mentioned to CBP consistent to Buffalo all the time.

 

[CanucksRajiv]

Then why dont you explore converting to contractor working remotely and to enter US do a part time h1b filing. So run only payroll for days spent in US and rest of time get paid as contractor in Canada.

They will not file h1b for part time and won't allow for contractor.