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

[Anks86]

Hey guys, its good to find there are people who are already doing this. I intend to do this too pretty soon around the east coast in newyork. Do i need the Nexus card to be able to pass the border daily? Whats the advantage?

I do it daily from Buffalo to Niagara, Ontario.

 

[Anks86]

Paying taxes in both countries is ok - there will be reciprocal treaties and you can claim relief to the portion paid in the higher taxed country. What I need to know is where is it mentioned legally that a H1B holder can work legally outside the US and work for the US employer without any repercussion.

H1B is only valid and comes into picture, when you are in the US. Once you cross borders H1B has no role in your active employment.

 

[Anks86]

Guys do you know how will be the screening on US side when you are going daily?

Takes less than 30 sec everyday. If it takes more than 30 seconds (when you are doing it daily), either there is something wrong or you’ve got yourself a novice office.

 

[albak]

All - I have a quick question on the visa stamping with Ottawa consulate for my H1B visa. I filled the DS160 form and then tried to schedule the interview at NVC website. Somehow, when answered all the questions about the visa category etc. in the NVC interview scheduling portal and paid the fee, NVC waived my interview and asked me to send the documents directly. I never had my stamping done in Canada earlier and I am a permanent resident in Canada. I have 2 questions on this:

1. Did it happen to anyone else as well that interview was waived even though visa was not stamped in Canada earlier?
2. If yes, how long does NVC take to process the documents and send me back the passport with stamped visa?

TIA.

Same thing happened to me as well. Can you advise what you did? I really don’t want to be stuck without a passport for 4-6 weeks. How long did it actually end up taking you?

 

[spikyshotgun]

Same thing happened to me as well. Can you advise what you did? I really don’t want to be stuck without a passport for 4-6 weeks. How long did it actually end up taking you?

Please refer to the H1B visa stamping thread.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-visa-appointment-availability.621766/page-50

Eligibility for Dropbox or in person interview is determined by the website. Following that, it can take anywhere between 10 days to a month.

 

[akashpatel145]

Hello,
I moved to Canada as PR this September. I have also exchanged my Michigan drivers licence to Ontario. Now I am living in Windsor and working in US on H1B visa. I have following questions-
1. Can I still trade in Robinhood? Does Robinhood have any restrictions based on residence in this case?
2. How would taxation work in this case between two countries? Is it same as income tax?
3. Any special taxation rule or exception apply for this year since I landed this year.
Any suggestions/recommendations would be greatly appreciated. Thank you in advance.

 

[spikyshotgun]

Hello,
I moved to Canada as PR this September. I have also exchanged my Michigan drivers licence to Ontario. Now I am living in Windsor and working in US on H1B visa. I have following questions-
1. Can I still trade in Robinhood? Does Robinhood have any restrictions based on residence in this case?
2. How would taxation work in this case between two countries? Is it same as income tax?
3. Any special taxation rule or exception apply for this year since I landed this year.
Any suggestions/recommendations would be greatly appreciated. Thank you in advance.

1. No, you cannot actively trade in Robinhood (on any other brokerage) with a canadian residential address. Best option is to transfer your equities to a Canadian brokerage like Questrade or IKBR and then use them to continue trading. There is some information on this in the last couple of pages of the current thread. Also some useful information in the thread below
https://www.canadavisa.com/canada-immigration-discussion-board/threads/moving-all-your-money-to-canada-how-to-do-it.652862/

2. Your employer deducts US taxes. You file US tax Return. After that, you file canadian tax return and deduct taxes already paid from your canadian tax return.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/taxes-payroll-working-in-us-living-in-windsor.551077/

3. Use the exact date of your move to decide your tax residency status. If you use any software, it should automatically figure it out for you.

 

[swan0206]

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.

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.

Hi @harirajmohan ,

Any idea if we can travel during LCA is under progress??

 

[harirajmohan]

Hi @harirajmohan ,

Any idea if we can travel during LCA is under progress??

LCA doesnt have any status relevance hence you are free to travel in and out of US.

 

[CanucksRajiv]

Any whatsapp group of commuters?

 

[CanucksRajiv]

@harirajmohan

i would appreciate if you could answer this.

If the company is allowing remote work anywhere in the US and say company has offices in NYC and in Seattle. Can we file LCA for buffalo address (home address - rented place) and then do commute from Buffalo to Niagara Falls ON periodically so as to satisfy the company requirement of remote work from US?

is it doable or risk is involved?

 

[harirajmohan]

@harirajmohan

i would appreciate if you could answer this.

If the company is allowing remote work anywhere in the US and say company has offices in NYC and in Seattle. Can we file LCA for buffalo address (home address - rented place) and then do commute from Buffalo to Niagara Falls ON periodically so as to satisfy the company requirement of remote work from US?

is it doable or risk is involved?

uscis: I have seen few posts doing the same but i think that it all depends on your immigration team to accept it to use it.
As your employer needs to deal with the immigration work location verification, it wont matter what you or I think is correct. They should be first agreeing to take that risk at uscis.

cbp: No idea if cbp person will verify one or the other time whenever you are crossing. Certainly few times, few guys surely verified as just google the company name and location. Some officers are from local city hence they even give comment like "ya i saw your company while going through that highway". So its up to you to willing to take this risk of explaining what address is this which is not listed in your company/client website etc.

Alternate solution: Just give actual client and/or company address as work location and reduce your commute to once in a month. Let anyone verify any address/work location they want.

 

[CanucksRajiv]

uscis: I have seen few posts doing the same but i think that it all depends on your immigration team to accept it to use it.
As your employer needs to deal with the immigration work location verification, it wont matter what you or I think is correct. They should be first agreeing to take that risk at uscis.

cbp: No idea if cbp person will verify one or the other time whenever you are crossing. Certainly few times, few guys surely verified as just google the company name and location. Some officers are from local city hence they even give comment like "ya i saw your company while going through that highway". So its up to you to willing to take this risk of explaining what address is this which is not listed in your company/client website etc.

Alternate solution: Just give actual client and/or company address as work location and reduce your commute to once in a month. Let anyone verify any address/work location they want.

Thanks for the detailed reply.

Once in a month travel may not be possible in my case. My role is remote in certain US states (NY/NJ/WA/CA - i can check about MI and see if they allow remote from MI) but it's not remote in Canada. I can do couple of days remote in Canada but beyond that it will raise a suspicion and may not be allowed. Long period of remote is not allowed outside US.

I wanted to add my current office location in NYC and my rental home address (in buffalo) on LCA and work only from Buffalo. I don't have designated desk in my New York office and i hardly go to office (unless there is some emergency). Any thoughts?

I am also looking for jobs in Detroit but no success yet.

 

[swan0206]

Hi folks,

Is Covid test required for essential workers now( as per Dec 15th new rules)? Any weekly commuters can you please update?

 

[aman0312]

Hey guys - Here is a question. I am planning to move to BC (PR Holder), close to the southern border and planning to commute regularly to the US on H1B. Is there a whatsapp group or people who are currently renting near the border, in the US, to keep the residency requirements and all?
Thanks in advance.