Commuting to Ann Arbor once every month (physical office location/WFH)

[nipsey]

Hello everyone,

Seeking help on my scenario where my physical work location is in Ann Arbor which is operating in hybrid model. My employer is okay if I be at the office once a while and remote otherwise. My wife is a remote worker and works from our home in Warren, MI. We both are H-1Bs and Canadian PRs. We are fortunate to have a home in Canada as well.

Will it be okay for both of us to cross the Detroit-Windsor border once or twice every month, stay at our Warren home for a week or so where my wife works from home and I go to office site in Ann Arbor as and when required? After a week or so we'd like for us to come back to Canada.

Has anybody done this? If yes, what questions were thrown at you at immigration on both sides.

thanks

 

[nipsey]

Anyone with any insight on this? would be really helpful in taking a decision.

 

[harirajmohan]

Hello everyone,

Seeking help on my scenario where my physical work location is in Ann Arbor which is operating in hybrid model. My employer is okay if I be at the office once a while and remote otherwise. My wife is a remote worker and works from our home in Warren, MI. We both are H-1Bs and Canadian PRs. We are fortunate to have a home in Canada as well.

Will it be okay for both of us to cross the Detroit-Windsor border once or twice every month, stay at our Warren home for a week or so where my wife works from home and I go to office site in Ann Arbor as and when required? After a week or so we'd like for us to come back to Canada.

Has anybody done this? If yes, what questions were thrown at you at immigration on both sides.

thanks

Seems fine. Not everyone commutes daily. Some weekly and few monthly commute.
If you dont have valid visa then you should commute every 2-3 weeks.

 

[nipsey]

Thank you very much for the reply and help as always!

Both of us have valid visa. We just had concerns about CBP Officer questioning us about home office work in Michigan. Like we are going from one home in Canada to another Home in US just to work. So does this raise any alarms?

One more question since you are married and must be having experience with this

if we do this, we both will likely pass substantial presence test in the US. Also we will be staying more than 183 days in Canada.
For taxes, is it advisable and in our best interest (monetary vise) to file:
a) 1040 as residents in US and file again as residents in Canada? or
b) 1040 NR in US and residents in Canada

Or it just doesn't matter and we should file as per our day count in both countries?

 

[harirajmohan]

Thank you very much for the reply and help as always!

Both of us have valid visa. We just had concerns about CBP Officer questioning us about home office work in Michigan. Like we are going from one home in Canada to another Home in US just to work. So does this raise any alarms?

One more question since you are married and must be having experience with this

if we do this, we both will likely pass substantial presence test in the US. Also we will be staying more than 183 days in Canada.
For taxes, is it advisable and in our best interest (monetary vise) to file:
a) 1040 as residents in US and file again as residents in Canada? or
b) 1040 NR in US and residents in Canada

Or it just doesn't matter and we should file as per our day count in both countries?

Just state the reason that you dont need to go to office often hence going every month to office. No alarms. People do it monthly. No issues.

Yes tax filing status at irs might become non-resident but we cant do much while maintaining the residency in other country. Possibly first year you can file as part year and later years it will be NR.
File at irs first and then use that income to declare as income in Canada.

 

[nipsey]

Just state the reason that you dont need to go to office often hence going every month to office. No alarms. People do it monthly. No issues.

Yes tax filing status at irs might become non-resident but we cant do much while maintaining the residency in other country. Possibly first year you can file as part year and later years it will be NR.
File at irs first and then use that income to declare as income in Canada.

Thank you for clarifying. that sounds reasonable. Would there be any concerns when the time comes for H-1b extension? Does USCIS question one being out of the US back and forth for large intervals?

 

[kris72]

Thank you very much for the reply and help as always!

Both of us have valid visa. We just had concerns about CBP Officer questioning us about home office work in Michigan. Like we are going from one home in Canada to another Home in US just to work. So does this raise any alarms?

One more question since you are married and must be having experience with this

if we do this, we both will likely pass substantial presence test in the US. Also we will be staying more than 183 days in Canada.
For taxes, is it advisable and in our best interest (monetary vise) to file:
a) 1040 as residents in US and file again as residents in Canada? or
b) 1040 NR in US and residents in Canada

Or it just doesn't matter and we should file as per our day count in both countries?

Tax is one heck of a grey area - check IRS guidelines and apply the best fit scenario to you..
https://www.irs.gov/taxtopics/tc851

Check this part at the bottom of that page - Assuming you are on H1B with I-140 approved which technically puts you in a scenario of taking steps towards green card. had to debate this with my accountant and ended up choosing Resident to be on conservative side..

"You can't claim a closer connection to a foreign country if you've applied, or took other steps during the year, to change your status to that of a lawful permanent resident of the United States, or you have an application pending for lawful permanent resident status (green card)."

 

[harirajmohan]

Thank you for clarifying. that sounds reasonable. Would there be any concerns when the time comes for H-1b extension? Does USCIS question one being out of the US back and forth for large intervals?

Thousands commute everyday and they have large travel and they have been traveling for decades that i know of. So first get settled and start commuting as you are not going to do something it was never done before. You are just one other person who would start commuting just like many thousands others who are doing it for decades.
Every daily commuter has 5 entries per week(without counting the casual visits in weekends). So yes its large entries for a person in a year and as said, you are not the first and uscis is not concerned about it.

H1 Extension: Try to file as early as possible, within starting of 6 months and get the approval before your current visa expires. This makes sure that you have valid I94 all the time. Nothing more you need.
Like many other commuters, you will be extending your status. If they dont extend I94 then you will get new I94 at the border as you have valid visa(or get it stamped).

 

[TZSR8JN]

@harirajmohan - I’m in a similar situation. I have an offer with a company in Seattle. They will file LCA with Seattle office location and Im planning to go to work location in Seattle 1-2 times a month and rest of the days, I wanted to work from my home in Canada (2.5 hours away from Seattle office). I get I need to pay taxes in Seattle like (30%) and remaining in Canada about (20%) to match with Canadian bracket. Any concern you see with my approach?

My understanding is on H1 one should not work from a location that is more than 50miles from the work location. so how come it’s legal to work from Canada? USCIS would know based on travel history that I’m living in Canada and coming to US twice a month and I am scared if they will revoke the visa during extension. Am I wrong with that?

 

[harirajmohan]

@harirajmohan - I’m in a similar situation. I have an offer with a company in Seattle. They will file LCA with Seattle office location and Im planning to go to work location in Seattle 1-2 times a month and rest of the days, I wanted to work from my home in Canada (2.5 hours away from Seattle office). I get I need to pay taxes in Seattle like (30%) and remaining in Canada about (20%) to match with Canadian bracket. Any concern you see with my approach?

My understanding is on H1 one should not work from a location that is more than 50miles from the work location. so how come it’s legal to work from Canada? USCIS would know based on travel history that I’m living in Canada and coming to US twice a month and I am scared if they will revoke the visa during extension. Am I wrong with that?

I assume that its your initial H1 hence your current residence wont matter.
After approval, it doesnt matter where you work from. Its up to your company if they want to pay you even if you are outside US.
USCIS/CBP is not going to check your history. Just state that you are just required to travel just 1-2 times a month. Many travel like that. I dont see a problem.
They will only revoke if there is no real job in US. So just start with the process as these things are rare and you are not at the point to worry about. Less commuting doesnt mean, revoking.

While renewing uscis might notice on the distance between home to work but now we cant do anything or worry currently. Deal with it later. But uscis rarely issue rfe on it hence its chance of 0.01%.

So first get your H1 filed and go from there. One step at a time. Also you need to go with what your company lawyer says hence they should be handling it for you. So nothing to worry for now.

 

[darshuvisa]

Thank you very much for the reply and help as always!

Both of us have valid visa. We just had concerns about CBP Officer questioning us about home office work in Michigan. Like we are going from one home in Canada to another Home in US just to work. So does this raise any alarms?

One more question since you are married and must be having experience with this

if we do this, we both will likely pass substantial presence test in the US. Also we will be staying more than 183 days in Canada.
For taxes, is it advisable and in our best interest (monetary vise) to file:
a) 1040 as residents in US and file again as residents in Canada? or
b) 1040 NR in US and residents in Canada

Or it just doesn't matter and we should file as per our day count in both countries?

Hi @nipsey have u started commuting once per month. Can u pls share your experience?