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

aryastark940

Full Member
Aug 25, 2022
28
0
@canprofus Actually I wanted to ask u if u are on H-1B? If yes, have u tried traveling to the US just once a month? I am planning to move to Windsor soon and want to make sure that it's ok to travel to the US once a month for work and if this results into questions from the CBP like "Why do u just travel once in a month?" My work location is Texas and the entire company is working remotely. Hence, my thought is to move to Canada, complete the days required to obtain the Citizenship and move back to the US after acquiring the citizenship. Let me know once u get a chance
@darshuvisa I'm in the same boat as yours, planning to move in the next few weeks, are you moving on valid visa stamp or expired one?
 

aryastark940

Full Member
Aug 25, 2022
28
0
Hi everyone, I'm planning to move to Windsor in early October and do the Windsor-Detroit thing. I have the below questions:

1. My current visa stamp is expired, and have a new i797 notice valid until 2025. Can I use the AVR option 5 days a week to commute? has anyone done that until they got an appointment?

2. Has Anyone imported their old car (2 years old) to Canada? does the duty change if it was not mentioned in GTF but it's a couple of years old now?

Any responses will be appreciated, thank you.
 

swan0206

Champion Member
May 14, 2019
1,210
232
Hi everyone, I'm planning to move to Windsor in early October and do the Windsor-Detroit thing. I have the below questions:

1. My current visa stamp is expired, and have a new i797 notice valid until 2025. Can I use the AVR option 5 days a week to commute? has anyone done that until they got an appointment?

2. Has Anyone imported their old car (2 years old) to Canada? does the duty change if it was not mentioned in GTF but it's a couple of years old now?

Any responses will be appreciated, thank you.
1.Yes you can. Many people have been doing this.
 
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CanadianInWaiting

Full Member
Feb 23, 2022
21
3
Hi everyone, I'm planning to move to Windsor in early October and do the Windsor-Detroit thing. I have the below questions:

1. My current visa stamp is expired, and have a new i797 notice valid until 2025. Can I use the AVR option 5 days a week to commute? has anyone done that until they got an appointment?

2. Has Anyone imported their old car (2 years old) to Canada? does the duty change if it was not mentioned in GTF but it's a couple of years old now?

Any responses will be appreciated, thank you.
2. Yes. It depends on your car and how it is processed when you import it at the border. If they determine that you have had it for a while or say you replaced your older car with a newer car since landing they might not charge a duty. So the answer would be that it depends but you likely wouldn't be charged a duty if you have had it for 2 years.
 

4RyL

Hero Member
Jun 6, 2017
319
218
Nope. He can’t do that. H1b’s, L1s can do that. For F1s, F2s, H4 dependents it’s not possible. Your spouse need to stay in the USA. He can’t do multiple entries which may raise suspicion that he is not fulfilling the F1/ OPT requirement.
I do not see any problem with this. Once the person is maintaining status in the US, they should be fine.
 

banparv

Member
May 17, 2018
12
1
Hello Experts - My employer filed my H1B extension to USCIS yesterday while I am in Canada. Do you think there could be any problem in my H1B approval by USCIS or my reentry to US in this case?
 

swan0206

Champion Member
May 14, 2019
1,210
232
Hello Experts - My employer filed my H1B extension to USCIS yesterday while I am in Canada. Do you think there could be any problem in my H1B approval by USCIS or my reentry to US in this case?
If you are working for a Canadian entity, you are good to apply even if you are in Canada nd if you are working for a US entity its suggested that you are inside the country till your packet reaches USCIS and more safer to travel once you get the receipt number.

ps: I am not an immigration specialist(out of my research and suggestions in this group i have followed this).
 

pursuit

Star Member
Dec 5, 2018
83
8
This thread has tons of info but i'm not able to find suitable info to plan my future move. Here is the use-case, i don't think my GC would come in next 5 year and I don't want to waist my time here. I can't move to Canada because my wife recently join google and she don't want to loose the opportunity working in USA.
I'm thinking to move to windsor and let my spouse commute to google office 1-2 time per week. But i'm still unsure how to achieve this and need input from the group member . Kindly spend some time in answering my query and i'm sure it will help others.

1. What is the tax implication when I travel only 2 days per week? Would I be filing non resident in usa or in canada?
2. What happen to my state tax? Would I paying province tax instead of usa Michigan state tax?
3. If i work 3 days in Canada with usa employer(WFH).Will CRA sees it as work done on Canada soil and tax for 3 days?
4. What would be my overall tax bracket, including usa+canada assuming we would be earning 200k+?
5. Not maintaining resident status in USA is seems as H1B violation ?
6.Will this every create issue during GC?
7. How to get H1B extension with Canada home address?
8. While commuting can I use Canada no plate car?
9. How is the daily commute? approx time at border?
10. How much time taken in AVR?
 

tuhadapeo

Hero Member
Jul 20, 2017
394
108
Category........
FSW
Visa Office......
Montreal -> Vancouver
NOC Code......
2173
App. Filed.......
04-12-2018
AOR Received.
04-12-2018
Med's Done....
14-01-2019
1.Yes you can. Many people have been doing this.
Do you have to specify that you want to use avr? Or they automatically apply it?
 

swan0206

Champion Member
May 14, 2019
1,210
232
Do you have to specify that you want to use avr? Or they automatically apply it?
You need not mention, most of the officers knew it, except for some new officers who might question you, your visa is expired and how do you plan to enter US then you can mention to use AVR. Then they will verify with some senior officer and you should be good to go. But for the first time you might be sent to secondary inspection. dont be surprised
 
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mayple

Star Member
Dec 30, 2017
195
56
This thread has tons of info but i'm not able to find suitable info to plan my future move. Here is the use-case, i don't think my GC would come in next 5 year and I don't want to waist my time here. I can't move to Canada because my wife recently join google and she don't want to loose the opportunity working in USA.
I'm thinking to move to windsor and let my spouse commute to google office 1-2 time per week. But i'm still unsure how to achieve this and need input from the group member . Kindly spend some time in answering my query and i'm sure it will help others.

1. What is the tax implication when I travel only 2 days per week? Would I be filing non resident in usa or in canada?
Tax implication depends on tax residency requirements. Too many variables to consider and not just 2 days a week. You'll need to discuss with tax accountant/cpa/attorney to get most accurate estimate. Most likely non-resident US tax filing and taking credit for tax paid to file as Canadian tax resident
2. What happen to my state tax? Would I paying province tax instead of usa Michigan state tax?
See above - when you file taxes in Canada, if you owe something to Canada after accounting for US federal and state tax credits, you'd have to pay the balance. Depending on your total income and deductions, you may owe more money to Canada in addition to taxes already paid in US
3. If i work 3 days in Canada with usa employer(WFH).Will CRA sees it as work done on Canada soil and tax for 3 days?
Depends on whether you will become a Canadian tax resident or not. Typically, a 183 day or more presence makes you one. Consult the tax accountant.
4. What would be my overall tax bracket, including usa+canada assuming we would be earning 200k+?
No idea. 200k US would be converted to Canadian dollars from an income standpoint, and then tax credits applied for foreign taxes paid in the US to then evaluate whether you owe anything in Canada or not
5. Not maintaining resident status in USA is seems as H1B violation ?
There is no residency requirement on H1b. When you enter the US to work, that is when H1b becomes a valid status at the time of entry.
6.Will this every create issue during GC?
This what? Plenty of commuters have gone through this experience, but no one can tell you about your specific situation in the future
7. How to get H1B extension with Canada home address?
Your company's immigration attorney should be able to help you here. Tell them you're planning to commute frequently across the border and Canada will be the primary residential address
8. While commuting can I use Canada no plate car?
If you're staying in Canada, then CBSA will expect you to have a Canadian plated vehicle
9. How is the daily commute? approx time at border?
Depends on the border, day and time. No more than 15-30 minutes
10. How much time taken in AVR?
Sorry don't know the answer
 
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mayple

Star Member
Dec 30, 2017
195
56
Commuters balancing US and Canada work and PR situation, does staying in the US (say Detroit or another border city), and then traveling weekly back and forth between your Canadian home and Detroit home will be considered OK to meet residency obligations and citizenship requirements? Have a rental in Canadian border city where I continue to maintain residency but planning to also get an accommodation on the US side as well and split time between the two. Won't have to import my vehicle to Canada and can work from home from the US border city location. But want to make sure it isn't any issue with residency obligations as long as you meet physical presence days plus file taxes.
 

CanucksRajiv

Star Member
Mar 5, 2019
100
24
Commuters balancing US and Canada work and PR situation, does staying in the US (say Detroit or another border city), and then traveling weekly back and forth between your Canadian home and Detroit home will be considered OK to meet residency obligations and citizenship requirements? Have a rental in Canadian border city where I continue to maintain residency but planning to also get an accommodation on the US side as well and split time between the two. Won't have to import my vehicle to Canada and can work from home from the US border city location. But want to make sure it isn't any issue with residency obligations as long as you meet physical presence days plus file taxes.
Many of the people doing what you are doing. Many have houses in Michigan and have rented place in windsor. However, with this arrangement you will take 4+ years to get citizenship
 

canprofus

Hero Member
Dec 20, 2019
232
59
Commuters balancing US and Canada work and PR situation, does staying in the US (say Detroit or another border city), and then traveling weekly back and forth between your Canadian home and Detroit home will be considered OK to meet residency obligations and citizenship requirements? Have a rental in Canadian border city where I continue to maintain residency but planning to also get an accommodation on the US side as well and split time between the two. Won't have to import my vehicle to Canada and can work from home from the US border city location. But want to make sure it isn't any issue with residency obligations as long as you meet physical presence days plus file taxes.

this will work to meet PR obligations, but not for citizenship. For citizenship, they consider 1095 days only from the day you made Canada as your primary residence.. primary in the sense filing Canadian taxes as resident, having Canadian license, Canadian plates, health card and spending most of the time in Canada. It is not written anywhere, but I know someone attempted what you proposing for 8 months just to find out from CBSA/IRCC that time would not be counted for citizenship. what is the deal with switching your residence to Windsor/Canada? keeping US residence is not going to make or break anything anywhere.. pointless.