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Living in Canada as PR. Working in US on H1-B

atlmallu

Full Member
Apr 24, 2009
30
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
21-06-2010
AOR Received.
09-09-2010
Med's Request
09-09-2010
Med's Done....
15-09-2010
Passport Req..
13-04-2011
VISA ISSUED...
19-04-2011
LANDED..........
23-04-2011
Hello all,

We are Canadian PRs based in Montreal currently. I am planning to move to Buffalo, NY on H1-B later this year. My wife's company is ready to transfer her to their Toronto office. We are considering setting up base in Toronto, with me being away in the US during the week and back in Canada during weekends.

1) Is this OK from an immigration point of view? Will I be violating any H1-B clause by travelling out of US every weekend?
2)I am thinking of getting the Nexus card. Will this avoid the requirement for stamping the passport every time I cross the border?
3)I understand there are tax implications. But in addition to that, do I need Canadian income to maintain PR status?

I am a lot confused with this entire planning process and any additional input will definitely help. Thanks!

- Atlmallu
 

kelKel

Champion Member
Apr 8, 2010
1,296
63
Canada
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2010
AOR Received.
17-11-2010
File Transfer...
04-11-2010
Interview........
Waived
Passport Req..
28-02-2011
LANDED..........
03-03-2011
In order to maintain your PR to you to be physically present in Canada for 2 out of 5 years. If you were just in Canada on weekends for 2 years that would only add up to roughly 104 days per year giving you a little over 200. You need well over 700. You can't maintain your status this way.

As for the US questions, can't help you there.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
If you spend every weekend in Canada, arriving on a Friday and leaving on a Sunday, it actually counts as 3 days out of 7 so if you do this for 5 years, you would have 780 days in Canada and would meet the residency requirements of a minimum of 730. However, you are close to the limit so you should be careful not to take any additional vacations outside Canada or skip a weekend in Canada and have your wife come and stay with you instead.

A Nexus card is supposed to make your border crossing faster and easier. I do not have personal experience with that but if you are planning on crossing twice a week, I think you should get one.

I do not know if you have to live in the US to keep your H1B. You do not need income in Canada to keep your PR but since you will be keeping a home in Canada, you are probably required to file taxes in Canada as well as the US. They have a tax treaty so you will not end up much poorer.
 

Alabaman

Hero Member
Apr 24, 2009
608
13
Edmonton
Visa Office......
Edmonton
Job Offer........
Pre-Assessed..
kelKel said:
In order to maintain your PR to you to be physically present in Canada for 2 out of 5 years. If you were just in Canada on weekends for 2 years that would only add up to roughly 104 days per year giving you a little over 200. You need well over 700. You can't maintain your status this way.

As for the US questions, can't help you there.
He probably has some days under his belt as I am sure he didnt just become a PR. I am assuming he is aspiring to become a Citizen.

No problems per H1B as long as going in and out is concerned. A Nexus cars is way to go.
 

atlmallu

Full Member
Apr 24, 2009
30
0
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
21-06-2010
AOR Received.
09-09-2010
Med's Request
09-09-2010
Med's Done....
15-09-2010
Passport Req..
13-04-2011
VISA ISSUED...
19-04-2011
LANDED..........
23-04-2011
Thanks everyone for your inputs. After more investigation, I also feel that I can take this path and live in Canada and work in the US. I just wanted to absolutely make sure that I won't be compromising on any of the requirements for maintaining my status(es) - PR in Canada and H1-B in the US.
 

neelakanta

Newbie
Jun 16, 2011
9
0
atlmallu said:
Thanks everyone for your inputs. After more investigation, I also feel that I can take this path and live in Canada and work in the US. I just wanted to absolutely make sure that I won't be compromising on any of the requirements for maintaining my status(es) - PR in Canada and H1-B in the US.
Hi

Just want to know your experience crossing borders. Are you using canada title car? what auto insurance do you have?
Does US border agency has any issues with Canada titled car entering USA?

Thank you for the help
 

mrp1981

Newbie
Mar 19, 2012
9
0
Living in Canada as PR.Working in USA

I got job in USA and got PR.Is it possible to move to USA and work after getting PR ?
 

parsh78

Newbie
Jul 2, 2011
2
0
Hello,

Looks like you have already done what I am planning to do.
We (me and my wife) got PR and I have a good job in US that I wish to keep for some more time until I get a better one here in Canada.

My question is what should I do with my car (it is financed and title is with Loan company) I use that car to commute in US from work to home and also to visit my wife in Canada.

What do you suggest? should I keep it registered in US or import it to Canada?