CA PR-USA H1B commute from Windsor to Detroit

[totakurasanjay9]

HI,

I'm a working professional on H1b in US living in Detroit. My PR date is 2023-Apr and I was barely in Canada and 2 years has already been passed in my first 5 years.
I'm planning to rent a home in Windsor and commute to Detroit for my work. I dont have any work opportunities in Windsor at this point.
How can i get my 2 years (730 days) counted out of remaining 3 years with minimum travel/stay to Windsor.
I've a kid and it demands our presence in USA more than in Canada at this point.

Is it OK and LEGAL to

Leave (Windsor) Canada on Monday morning to USA and returning to Windsor on Tuesday eve. Will this get my 2 days counted towards residency requirement? so i can travel less instead of commuting daily?

 

[Besram]

Each day you partly spend in Canada counts as a full day in Canada, so in your example you would be able to count 2 days for your RO compliance.
No legality issues from the Canadian side. Unsure about requirements for you US visa. You will need to check.

 

[totakurasanjay9]

Thanks for your response.
I know a friend who is commuting everyday from Windsor-Detroit on H1b looks like no issue for three years.
but will there be any question on my intent live in canada for my PR extension or Citizenship?

 

[Besram]

Thanks for your response.
I know a friend who is commuting everyday from Windsor-Detroit on H1b looks like no issue for three years.
but will there be any question on my intent live in canada for my PR extension or Citizenship?

Intent to live in, or establishment in, Canada is not examined in detail if you meet the residency obligation when you renew your PR card. It only becomes a factor if you do NOT meet the residency obligation. Note that you will have to supply two documents that show your residency in Canada. They can include tax returns, credit card statements, bank statements, rental agreements, etc. I assume you will have these if you maintain a residence in Canada.

 

[canuck78]

Intent to live in, or establishment in, Canada is not examined in detail if you meet the residency obligation when you renew your PR card. It only becomes a factor if you do NOT meet the residency obligation. Note that you will have to supply two documents that show your residency in Canada. They can include tax returns, credit card statements, bank statements, rental agreements, etc. I assume you will have these if you maintain a residence in Canada.

It used to be and depending on who wins the next election it may return. It may return no matter who wins the next election. No matter what I would assume the next government will be more conservative than the current one. Also with contentious situation between the US and Canada crossing the border may also get more challenging especially from the US. Nobody can predict the future.

 

[canuck78]

Thanks for your response.
I know a friend who is commuting everyday from Windsor-Detroit on H1b looks like no issue for three years.
but will there be any question on my intent live in canada for my PR extension or Citizenship?

Nobody can predict the future with an election in Canada and the insanity in the US.

 

[totakurasanjay9]

I Agree

 

[Besram]

I Agree

The caveats about changes in the future you have received above are worth considering, but of course nobody knows what's going to happen. For now the rules are as I outlined them above. If things do change in the future, you may have to adapt.