Seattle- Vancover: H1b Remote work in canada

[Althafshaik5]

Hello Guys,

I am in the initial stages of application for PR, I am on H1b with approved i-140 and spouse on h4 EAD. We are planning to move to Vancouver next year.

I have a couple of questions. Assuming that my employer is okay to let me work remote from Canada.

1. I have seen a couple of posts stating the daily commute from CA to the USA. Would it be necessary to do that? Can't we work remote as employer agrees for that and paid in USD under H1b?
2. How about H4 EAD. Do any of you in the same situation?
3. Can we establish a company and work for us client as a freelancer? if nothing works out. My intention to get the USD as pay variation is high in Canada.
4. I see a lot of tax-related posts, But not sure what should one have to file with the above status.

Thanks,
Althaf.

 

[rakakatoofaan]

Hello Guys,

I am in the initial stages of application for PR, I am on H1b with approved i-140 and spouse on h4 EAD. We are planning to move to Vancouver next year.

I have a couple of questions. Assuming that my employer is okay to let me work remote from Canada.

1. I have seen a couple of posts stating the daily commute from CA to the USA. Would it be necessary to do that? Can't we work remote as employer agrees for that and paid in USD under H1b? Why would you need to commute for work when your remote? One risk you will always run into that USCIS not approving your next 3 years terms as you are not living in the US.
2. How about H4 EAD. Do any of you in the same situation? What is the specific question that you want answer to? There are many in the same boat.
3. Can we establish a company and work for us client as a freelancer? if nothing works out. My intention to get the USD as pay variation is high in Canada. No need to establish a company. you can work for a remote US client and get paid in USD. Confirmed this after talking with CRA.
4. I see a lot of tax-related posts, But not sure what should one have to file with the above status. Assuming you are talking about Question 3, you need to file taxes as self employed. Confirmed this after talking with CRA.

Thanks,
Althaf.

 

[Althafshaik5]

Thanks for the reply,

1. I would want to come to the office/us once a month, That is why would like to know to maintain the status of H1B.
2. My wife is on H4 EAD, And she is working with a client who is willing to give remote work in canada. She only has one more year left on H4 visa. Do we have to extend and go canada in order to keep working for the same client for USD ?
3. So we need to file self-employed in Canada and pay taxes on H1b in US? Is it worth paying two countries taxes? Or just search a position in canada?

 

[lampbreaker]

When you are in Canada, you need to pay taxes in Canada and not in US. So if your employer withholds US taxes, that could create problems.

H1B is for working continuously, if you travel only for short visits, that could be a problem.

If you form a Canadian company or even work as an independent contractor for your client, that will be fine. Then the client can pay you a gross income and you can pay your own Canadian taxes. You will need a B1/B2 Visa to visit the client's US location in this case.

If the H4 is not living in the US, they don't need the EAD. It makes no difference.

The currency of your income does not matter, but the job location does matter in determining which taxes you pay.

 

[canuck78]

Your primary residence also matters. You can’t work full-time and live full-time and get paid via H1B without declaring that you are living in the US. Many people are incorrectly putting friends or relatives addresses as residences. Other option is to cross the border and work in the US. That is why people do things like set themselves up as contractors and still get paid in US dollars.

 

[DEEPCUR]

Your primary residence also matters. You can’t work full-time and live full-time and get paid via H1B without declaring that you are living in the US. Many people are incorrectly putting friends or relatives addresses as residences. Other option is to cross the border and work in the US. That is why people do things like set themselves up as contractors and still get paid in US dollars.

This is totally incorrect. Please don't spread panic and incorrect information on the topic on which you have no clue about.

Both Canada and US have clear exit and entry records , and share all possible related information with information on a person. Do you think they can be fooled by an address that you fill a form?

One needs to file taxes at the end of the year either as resident or non resident and people declare their appropriate residence status in US and Canada at that point. That's all is needed for this. I have clarified this multiple times to you and keep on adding your same template post every time when a new thread comes up on this.

There is no need to lie on this arrangement and there is no point in lying.

There is a person who works for Netflix in forum who is doing this kind of work arrangement remotely (not daily travel). He has been cleared by his company and immigration HR for working in this arrangement.. I'm pretty sure they know more than any random person in this forum.

 

[canuck78]

This is totally incorrect. Please don't spread panic and incorrect information on the topic on which you have no clue about.

Both Canada and US have clear exit and entry records , and share all possible related information with information on a person. Do you think they can be fooled by an address that you fill a form?

One needs to file taxes at the end of the year either as resident or non resident and people declare their appropriate residence status in US and Canada at that point. That's all is needed for this. I have clarified this multiple times to you and keep on adding your same template post every time when a new thread comes up on this.

There is no need to lie on this arrangement and there is no point in lying.

There is a person who works for Netflix in forum who is doing this kind of work arrangement remotely (not daily travel). He has been cleared by his company and immigration HR for working in this arrangement.. I'm pretty sure they know more than any random person in this forum.

There have been plenty of people who have admitted they are declaring that they are living in Texas or California or another state for their employer. H1B requires you to list your work location. They can also do unannounced visits to see if you are working in the location. That is why you also see companies ask employees to set up their own company and become a contractor or other ways. Best to speak to the in house counsel for your company.

 

[zaq12wsxcde3]

Hello, just enquiring if anyone is still doing this? I was thinking of renting a room in Blaine and getting LCA filed for that so that I commute only to Blaine. Is that possible?

 

[harirajmohan]

Hello,
1. just enquiring if anyone is still doing this?
2. I was thinking of renting a room in Blaine and getting LCA filed for that so that I commute only to Blaine. Is that possible?

1. Doing what exactly?
2. Possibility lies with your company, not by the word we give. These things need to be discussed with your company/lawyer on whats your necessity for an easy travel/commute.
There is no difference in processing of H1 for city X and City Y. All have same processing criteria of respective legal documents such as LCA, Wage, skills, position, project, duration etc.
So its the matter of company's ability to get the position approves in the location you ask/want. There is nothing we can suggest if it will be possible to get H1 approved for a position in your company for that location.

 

[nipsey]

If you are outside of US, any kind of immigration rule doesn't apply to you. The same goes for your H-1B extension. They won't care about what you do outside US. Inside US you should abide by all the laws. When you're in the US you have to work within the Metropolitan Statistical Area that is mentioned in your LCA.

Coming back to US would just help you maintain your relationship with the employer. There is technically no documented limit to the number of days you can stay outside US on H-1B. It's just a best practice to work at your office location.

 

[limits]

Wow, this is really possible? You can be on an H1B in the US, getting paid a US salary and "travel"/live somewhere else? In this case, why would anyone take a Canadian tech job, US tech salaries are way higher.

 

[DEEPCUR]

Wow, this is really possible? You can be on an H1B in the US, getting paid a US salary and "travel"/live somewhere else? In this case, why would anyone take a Canadian tech job, US tech salaries are way higher.

it is not as easy as it sounds. someone who needs to do this must have valid H1b and Canadian PR.. not everyone is blessed with both.. lot of them may have H1b, but not everyone among them would have Canadian PR and vice versa.. so that's the catch essentially/basically what not.

 

[limits]

it is not as easy as it sounds. someone who needs to do this must have valid H1b and Canadian PR.. not everyone is blessed with both.. lot of them may have H1b, but not everyone among them would have Canadian PR and vice versa.. so that's the catch essentially/basically what not.

You don’t have to live in Canada, you could go anywhere assuming it is possible.

 

[justinline]

Wow, this is really possible? You can be on an H1B in the US, getting paid a US salary and "travel"/live somewhere else? In this case, why would anyone take a Canadian tech job, US tech salaries are way higher.

Everyone have their reasons and circumstances. Any US salary is way higher than Canada, pick any field. That doesnot mean every Canadian has just one goal in life....to move to US and earn in USD.
Tell you about real cases, there are people in Canada who have priority dates in 2008 and 2009, who can get GC as soon as they can get perm done or even file through their old employer no perm needed, still they have chosen to stay in Canada, they are that point of life where they don't want any immigration hassel or waiting for kids to go to university and need to maintain residency status.

 

[swan0206]

Everyone have their reasons and circumstances. Any US salary is way higher than Canada, pick any field. That doesnot mean every Canadian has just one goal in life....to move to US and earn in USD.
Tell you about real cases, there are people in Canada who have priority dates in 2008 and 2009, who can get GC as soon as they can get perm done or even file through their old employer no perm needed, still they have chosen to stay in Canada, they are that point of life where they don't want any immigration hassel or waiting for kids to go to university and need to maintain residency status.

This makes complete sense. I second you. I still wonder, people getting into trouble/situations where they want to have US born kid and they are ready to move 3 or 4months prior to US and go through all that stuff.