Working from home in Canada for a US Employer

[Nonie_90]

Hello forum members,

I am working for a US employer(Seattle area) on a H1B visa. I also got a Canadian PR, landed early 2019.

I am thinking of moving to Canada (probably near Vancouver area) next month while keeping my current US employment.
Since it is work from home with COVID, my US employer is okay with me working remotely (within US as they said)

Confusions:

1. Since company says remote work is fine - If I just move to Canada and keep working for the same employer there (while US employer retains the H1B) - Will it be an issue for long stay there(1 year or more)?
   
   
2. I am working for this employer and will have valid pay going to a US bank, paying US taxes and have valid US H1B address (of some friend), Its my understanding that unless the company terminates my employment - USCIS/US visa does not require me to physically live at that address, is that right?
   
   
3. Say I live in Canada as a PR for 6-8 months at a stretch(working from home) and come in the 9th month entering the US as a H1b - What kind of issues can I face at the border interview?
   (As I can say that I'm working for my US employer remotely (Note: H1B home address is of some friend in WA state). and my company will not give a specific letter stating that I'm working form Canada - For them, I'm just remote.)
   
   
4. Is there a need to commute form Canada to a US address (friends address or my own rental if employer does not require physical office presence - COVID or later)?
   
   
5. Lastly, Is there a limit on the no of days/time an H1b holder has to stay in the US within a year? What if the H1b holder has a valid employment in US, works remotely for 10 months of a year form Canada and comes in the 11th month?
   (based on research - I found that US H1B status is only if person is in the US, what does that mean in this case - Will the H1B be invalid if I'm working form Canada? Implications?)

Looking forward to expert/member suggestions and experiences...



Thanks in advance..!

 

[canuck78]

Hello forum members,

I am working for a US employer(Seattle area) on a H1B visa. I also got a Canadian PR, landed early 2019.

I am thinking of moving to Canada (probably near Vancouver area) next month while keeping my current US employment.
Since it is work from home with COVID, my US employer is okay with me working remotely (within US as they said)

Confusions:

1. Since company says remote work is fine - If I just move to Canada and keep working for the same employer there (while US employer retains the H1B) - Will it be an issue for long stay there(1 year or more)?
   
   
2. I am working for this employer and will have valid pay going to a US bank, paying US taxes and have valid US H1B address (of some friend), Its my understanding that unless the company terminates my employment - USCIS/US visa does not require me to physically live at that address, is that right?
   
   
3. Say I live in Canada as a PR for 6-8 months at a stretch(working from home) and come in the 9th month entering the US as a H1b - What kind of issues can I face at the border interview?
   (As I can say that I'm working for my US employer remotely (Note: H1B home address is of some friend in WA state). and my company will not give a specific letter stating that I'm working form Canada - For them, I'm just remote.)
   
   
4. Is there a need to commute form Canada to a US address (friends address or my own rental if employer does not require physical office presence - COVID or later)?
   
   
5. Lastly, Is there a limit on the no of days/time an H1b holder has to stay in the US within a year? What if the H1b holder has a valid employment in US, works remotely for 10 months of a year form Canada and comes in the 11th month?
   (based on research - I found that US H1B status is only if person is in the US, what does that mean in this case - Will the H1B be invalid if I'm working form Canada? Implications?)

Looking forward to expert/member suggestions and experiences...



Thanks in advance..!

No advisable to both lie to your employer especially if they have specified that you can only work remotely from the US. Some company servers will not allow you to access their server if out of the US. Declaring a friend's address as your own is never advisable especially when it comes to employer and the IRS.

 

[Nonie_90]

Thanks @canuck78 - I mentioned this to the employer and they are okay with me being out of country but however they are not giving me an official letter stating that I'll be working outside.

In terms of address - Is it necessary for the H1B address to be in my name? (rented as I don't own any kind of property in the US :| )
I understand the H1b address means the place the employee is residing(home office) is present. But If one is outside of the US - does this address have to be in their name(with supporting docs like utility bill etc)?

 

[tavern22]

Hi Nonie_90,
I have the exact same questions as you asked. What did you end up doing?

 

[Nonie_90]

Hi Tavern22, I ended up not going. Go some insights however - have you been able to peruse this or are just planning to right now?

 

[tavern22]

Hi Tavern22, I ended up not going. Go some insights however - have you been able to peruse this or are just planning to right now?

Hi Nonie_90, I was just planning to right now. Spoke to my HR. She said either I move to Canada and employer pays me in CAD - but my employer doesnt have office in Canada. Hence, employer discourages such a move. Bottom line - I am continuing to work from US and hoping that EB2 India backlog clears up sooner!

 

[sguru01]

Hi Nonie_90, I was just planning to right now. Spoke to my HR. She said either I move to Canada and employer pays me in CAD - but my employer doesnt have office in Canada. Hence, employer discourages such a move. Bottom line - I am continuing to work from US and hoping that EB2 India backlog clears up sooner!

What is your PD if you dont mind me asking? I am in similar boat thinking to move.

 

[canuck78]

Hi Nonie_90, I was just planning to right now. Spoke to my HR. She said either I move to Canada and employer pays me in CAD - but my employer doesnt have office in Canada. Hence, employer discourages such a move. Bottom line - I am continuing to work from US and hoping that EB2 India backlog clears up sooner!

You can become a consultant if your company doesn’t have Canadian offices. That is what many people do if they want to continue working for their US employer.