Living in Windsor / WFH in Detroit.

[hershal1999]

Hello,

I have a question around living in Windsor and working in Detroit. I want to do this to maintain my canadian PR.

Here is my situation:

I am a H1B visa holder, working in USA for a company located in Texas, also I have canadian PR. My company is ready to allow me to work from home full time. Is it possible to communicate daily from Windsor ON to detroit to one of my relative's place where I can work for that day and then go back to Windsor. My employer will be in Texas and I would be working for him from Detroit.

So this way I can maintain my PR status along with my job in USA. Is this possible?

Thank you very much in advance.

 

[steaky]

Do you mean "communicating" or "commuting" between Windsor and Detroit?

In either cases, Yes and yes lots of people do it.

 

[hershal1999]

Yes, I mean going daily from Windsor to Detroit in morning to my relative's place, work from home at my relative's place and come back to Windsor at night.

I know lot of people does that, but I have only one concern. My company is not in Detroit, it's in Texas. So I will be doing working at home from Detroit. In this situation there can be any issues while entering USA or not?

 

[qorax]

No issues. U can safely do so.

 

[links18]

Why would you need to commute to Detroit to work from a relatives house? You can't work from home in Canada? What is your status in the U.S.? Are you a U.S. citizen? Permanent resident? IF the former, why doesn't your employer classify you as an independent contractor and you can deal with U.S. taxes at the end of year? If you cross the border everyday--especially at a major crossing such as Detroit Windsor--and your story is that you live in Canada, but work from home from a relatives house in the U.S. prepare for potential major headaches with U.S. CBP.

 

[links18]

Didn't see that you have H1B visa in the U.S.. That sounds like an entirely different ballgame. Still, prepare for major hassle from U.S. CBP. Even if it is legal, your story is far from typical and will raise eyebrows when entering the U.S.

 

[hershal1999]

Thanks for the reply.

Can I live in Canada and work for my company, which is will generate my payroll in USA and deposit my salary in USA. I dont want to be become consultant and work for my company, rather I want to work as my companies employee. Is this possible?

 

[links18]

I imagine that would depend on the circumstances surrounding your U.S. Visa. I am ignorant on this issue. Would you even be allowed to work in the U.S. on your visa if you are not normally resident in the U.S.; i.e. live in Canada? Will being resident in Canada affect your U.S. visa in any other way?

Another issue, is your employer may not want to get involved with the legal issues surrounding hiring a Canadian resident as an employee. They may shy away from the payroll, health insurance, workers comp, employment insurance and tax issues. Telecommuting is a complex and emerging legal area. There are even complications when an employee telecommutes from one U.S. state to another. I imagine many employers do not want the headache. Treating you as an independent contractor would probably be much less onerous on your employer.

From my experience, I would not expect universally trouble free entries to the U.S. in your situation. Ultimately, you may be allowed to proceed, but be prepared for invasive questioning, secondary searches and other issues from time to time if you proceed to try to work from your relatives U.S. home while living in Canada. You may want to inquire about this situation with the local port of entry; or seek a competent U.S. immigration attorney's advice. I imagine a letter from a U.S. immigration attorney explaining your situation, produced at the port of entry might help smooth your entries to the U.S. if your visa allows you to do this.

 

[max_lee]

Didn't see that you have H1B visa in the U.S.. That sounds like an entirely different ballgame. Still, prepare for major hassle from U.S. CBP. Even if it is legal, your story is far from typical and will raise eyebrows when entering the U.S.

Hi,

I am also planning to commute from Windsor to Detroit on a daily basis but in my case my company is in Detroit and I am on H1B with my GC Process going on, will I have any issue from US CBP during crossing from Canadian side to the US side.

Thanks

Max

 

[links18]

I am not sure how being resident in another country affects H1B or any other U.S. visa. My experience is as a U.S. Citizen. You guys need to get advice from a competent U.S. immigration attorney on this issue. Maybe your employers can assist you with this? Many people live in Canada and work in the U.S. and vice versa, but you still have to go through border inspections and U.S. CBP will want an explanation of where you are going and what you doing in the U.S. each time. IF your company offers you a physical workspace in Detroit, that is plausible, but entering the U.S. to telecommute from a relatives house in Detroit for a company in Texas is the type of unusual circumstance that may lead to more intense questioning from U.S. CBP (even of U.S. citizens). Ultimately, nobody can predict just what the border authorities will do or attempt to do in any given case or at any given attempt to enter. That goes for U.S. CBP and CBSA.

Perhaps you can alleviate some of the hassles by applying for a NEXUS card (You must be a U.S. or Canadian citizen or permanent resident and have lived in one of those countries for at least 3 years). Often times they have nobody staffing the Nexus lanes though.

 

[max_lee]

Didn't see that you have H1B visa in the U.S.. That sounds like an entirely different ballgame. Still, prepare for major hassle from U.S. CBP. Even if it is legal, your story is far from typical and will raise eyebrows when entering the U.S.

Hi,

I am also planning to commute from Windsor to Detroit on a daily basis but in my case my company is in Detroit and I am on H1B with my GC Process going on, will I have any issue from US CBP during crossing from Canadian side to the US side.

Thanks

Max

 

[dodan]

in the same boat. Max did you start the commute across the border. please share your experience. thanks.

 

[khayu]

Max or Doadan,

Did anyone of you start windsor - detroit daily commute on H1b? i am planning to start that in couple months and checking to see whats your experience with it.

Thanks

 

[dodan]

I will hopefully start late January. Will keep you posted.

 

[khayu]

I started my Windsor - Detroit daily commute on H1B for almost a month now and so far I haven't have any issue (knock on wood ). Only thing is it is hard to estimate how long it will take at the border. Sometimes there are only few cars infront of you and can get through under 10 mins or couple times it took me almost 45 mins waiting to get my turn.