Work from home from Canada - H1B (till August 2022) and Canada PR (COPR valid till Sept 2020)

[canuck78]

Then what is the problem.. Filing both taxes is not a big issue...
The guy whom i quoted, its a problem for company so i asked...
Also, even if you are not resident in current year more than 183 days in US, still it is not a problem as the resident calculation includes current year, previous year and 2years ago and total of days of all 3years is used to calculate resident for tax purposes.. Sounds right or you don't agree?

Pointing out that if you are living in Canada you wouldn't be a US resident as you stated. Some employers are not comfortable with people living in Canada while working on H1B if you are using a US address where you are not actually living.

 

[swan0206]

Pointing out that if you are living in Canada you wouldn't be a US resident as you stated. Some employers are not comfortable with people living in Canada while working on H1B if you are using a US address where you are not actually living.

Hi ,

I have few questions:
a) I am planning to completely work from home moving to Canada till my company asks us to come to Office. Till then, is it fine that i travel twice in a month and keep my presence in US active.
b) So, once the offices are open, then i am planning to work 3 weeks from Canada and 1 week from USA. Is that a good idea. Would there be any questions asked at the cbsa.
c)In any given case, if i am not staying in US for 180days in that particular year, can't i file taxes there. How does this tax thing work.

Thanks in Adv

 

[swan0206]

Hi ,

I have few questions:
a) I am planning to completely work from home moving to Canada till my company asks us to come to Office. Till then, is it fine that i travel twice in a month and keep my presence in US active.
b) So, once the offices are open, then i am planning to work 3 weeks from Canada and 1 week from USA. Is that a good idea. Would there be any questions asked at the cbsa.
c)In any given case, if i am not staying in US for 180days in that particular year, can't i file taxes there. How does this tax thing work.

Thanks in Adv

@harirajmohan . Can you please let me know on my above questions. thankyou.

 

[harirajmohan]

Hi ,

I have few questions:
a) I am planning to completely work from home moving to Canada till my company asks us to come to Office. Till then, is it fine that i travel twice in a month and keep my presence in US active.
b) So, once the offices are open, then i am planning to work 3 weeks from Canada and 1 week from USA. Is that a good idea. Would there be any questions asked at the cbsa.
c)In any given case, if i am not staying in US for 180days in that particular year, can't i file taxes there. How does this tax thing work.

Thanks in Adv

a. No issues.
b. Why do you want to stay a week there? Yes there would be questions from cbsa on it as you are resident of Canada but every month you are staying there but you can tell that the reason you stay. Should not be an issue.
c. Taxes there? where? in US or Canada?
Taxes are based on where you reside and other obligations. CRA website and IRS website has clear clarification on whether you are obligated to file. Check the sites for detail.

 

[swan0206]

a. No issues.
b. Why do you want to stay a week there? Yes there would be questions from cbsa on it as you are resident of Canada but every month you are staying there but you can tell that the reason you stay. Should not be an issue.
c. Taxes there? where? in US or Canada?
Taxes are based on where you reside and other obligations. CRA website and IRS website has clear clarification on whether you are obligated to file. Check the sites for detail.

I haven't discussed with my employer yet about moving to Canada and in office as well. So, if in case if my employer is not ok, i am thinking in that situation that i need to be present in US as well right.

Also, once the offices are open, i may have to go to office atleast one week in a month. Checking all the options in this case.

And one more thing if things doesn't work this way, i will try to findout a remote job in US or a job here in Canada. So, after 3 years or whenever if the dates are current, if i want to go back to US, would my i140 be still valid. Right now i have my H1b validity till July 2023.


Thanks.

 

[harirajmohan]

I haven't discussed with my employer yet about moving to Canada and in office as well. So, if in case if my employer is not ok, i am thinking in that situation that i need to be present in US as well right.

Also, once the offices are open, i may have to go to office atleast one week in a month. Checking all the options in this case.

And one more thing if things doesn't work this way, i will try to findout a remote job in US or a job here in Canada. So, after 3 years or whenever if the dates are current, if i want to go back to US, would my i140 be still valid. Right now i have my H1b validity till July 2023.


Thanks.

If one travels/commutes frequently to Canada then employer should be aware of it to avoid any issue just in case. There is no such rule to inform them but we see too much scrutiny on employer-employee relationship & controlling the employee's activities are becoming more hence no idea how they interpret in terms of work and security of the individual's entry. So my opinion is that its better if employer is known about the frequent travel to Canada.

If visa is valid then less worry on going once in a month compulsory travel. If not one has to.

You can get H1 without quota which you know, based on 140(previous/current employer) if you have moved to Canada to different employer or if I797 is expired with current employer.
Till 2023 July, If you are with same employer then you can certainly use the same approved petition.

 

[swan0206]

If one travels/commutes frequently to Canada then employer should be aware of it to avoid any issue just in case. There is no such rule to inform them but we see too much scrutiny on employer-employee relationship & controlling the employee's activities are becoming more hence no idea how they interpret in terms of work and security of the individual's entry. So my opinion is that its better if employer is known about the frequent travel to Canada.

If visa is valid then less worry on going once in a month compulsory travel. If not one has to.

You can get H1 without quota which you know, based on 140(previous/current employer) if you have moved to Canada to different employer or if I797 is expired with current employer.
Till 2023 July, If you are with same employer then you can certainly use the same approved petition.

Thanks Hariraj, i got the clarity now. Yes, surely i will let my employer know the situation ofcourse. But because i haven't permanently moved, i did not talk to them regarding this.

I do not have a visa yet. need to go for stamping. Atleast till then i need to commute often.


Thanks,.

 

[swan0206]

Thanks Hariraj, i got the clarity now. Yes, surely i will let my employer know the situation ofcourse. But because i haven't permanently moved, i did not talk to them regarding this.

I do not have a visa yet. need to go for stamping. Atleast till then i need to commute often.


Thanks,.

@harirajmohan : If my employer agrees to use my canadian address, so i need to go for an amendment right. Or is that still fine without amendment. If my amendment is filed in this situation, do you think is it a right move.

and if filed, do i have to stay in US until its approved.?

 

[harirajmohan]

@harirajmohan : If my employer agrees to use my canadian address, so i need to go for an amendment right. Or is that still fine without amendment. If my amendment is filed in this situation, do you think is it a right move.

and if filed, do i have to stay in US until its approved.?

Payroll address for processing payroll is different than work location which is used for H1.
I am not sure which address are you talking about.

H1 filing: It depends. if you want to maintain status and no visa currently then you can be inside to extend it. if not then you can be outside(only if you have remaining H1 left or having 140).

 

[swan0206]

Payroll address for processing payroll is different than work location which is used for H1.
I am not sure which address are you talking about.

H1 filing: It depends. if you want to maintain status and no visa currently then you can be inside to extend it. if not then you can be outside(only if you have remaining H1 left or having 140).

Ok, i am talking about the payroll adress only.

I have valid i797 but no visa( have to use AVR till i get visa). Also having my i140 as well.

 

[harirajmohan]

Ok, i am talking about the payroll adress only.

I have valid i797 but no visa( have to use AVR till i get visa). Also having my i140 as well.

Changing payroll address doesnt require filing of H1 amendment.

 

[nikki1992]

Hello @harirajmohan

I am living in Canada since last one year as PR but working for USA on h1b visa. now that I am going for stamping in Toronto Canada will there be any issue?

Please help!

Thanks
Nikhil

 

[harirajmohan]

Hello @harirajmohan

I am living in Canada since last one year as PR but working for USA on h1b visa. now that I am going for stamping in Toronto Canada will there be any issue?

Please help!

Thanks
Nikhil

I am not sure what concerns you are referring to but i dont see a problem. Usually its a little problem for Canadian resident whoever moved shortly to Canada and applying for B visa(to prove their eligibility on quick travel immediately after moving) but no issues on H1.