Working Remotely for US Employer from Canada

[ss0592]

Hi Guys,

I am currently in the US working for a US employer. I am on OPT and my H1B is processing. I don't know when I'll get the result due to premium processing being suspended this time. I'm on OPT year 2. I have Canadian PR. I currently do not have H1b yet!
My question is -

Is it possible for me to work remotely from Canada for my US employer? Maybe for a couple of months max till I find out about my H1B status. Is this possible? I know this is conditional upon my employer agreeing to such an arrangement. I'm currently a full-time employee. I believe my employer has office in Canada. Will this work? Is there anything I can say to convince employer that this is viable? There are not too sure...

 

[lampbreaker]

There are taxation issues. Your employer will have to pay you as a Canadian employee and withhold Canadian taxes.

 

[ss0592]

There are taxation issues. Your employer will have to pay you as a Canadian employee and withhold Canadian taxes.

Yes I figured but I don't have any details. Is there some source that explains ways to manage this? My manager is open to it but has no clue about what to do and neither do I. Trying to look up methods but I just see contractor option and that won't work.. thanks for your response

 

[lampbreaker]

If your company has an office in Canada, you will have to transfer to them as an employee and their payroll department/tax people will have to handle the taxes.

 

[zardoz]

Hi Guys,

I am currently in the US working for a US employer. I am on OPT and my H1B is processing. I don't know when I'll get the result due to premium processing being suspended this time. I'm on OPT year 2. I have Canadian PR. I currently do not have H1b yet!
My question is -

Is it possible for me to work remotely from Canada for my US employer? Maybe for a couple of months max till I find out about my H1B status. Is this possible? I know this is conditional upon my employer agreeing to such an arrangement. I'm currently a full-time employee. I believe my employer has office in Canada. Will this work? Is there anything I can say to convince employer that this is viable? There are not too sure...

Yes, this is perfectly possible. You will need to ensure that your tax arrangements are correct however. Check with a tax advisor and/or CRA.

 

[zardoz]

If your company has an office in Canada, you will have to transfer to them as an employee and their payroll department/tax people will have to handle the taxes.

Agreed that it would be a good idea to be on a Canadian payroll while you are here. This is essentially what I am doing.

 

[ss0592]

Agreed that it would be a good idea to be on a Canadian payroll while you are here. This is essentially what I am doing.

Great thanks!
One more question, in the event that there is no office, how does it work ? Because not sure if they actually have an office or just have contractors there, Finding out as we speak but just want to be prepared

 

[CANPR12]

Hi Guys,

I am currently in the US working for a US employer. I am on OPT and my H1B is processing. I don't know when I'll get the result due to premium processing being suspended this time. I'm on OPT year 2. I have Canadian PR. I currently do not have H1b yet!
My question is -

Is it possible for me to work remotely from Canada for my US employer? Maybe for a couple of months max till I find out about my H1B status. Is this possible? I know this is conditional upon my employer agreeing to such an arrangement. I'm currently a full-time employee. I believe my employer has office in Canada. Will this work? Is there anything I can say to convince employer that this is viable? There are not too sure...

As long as your employer is ok for you to work remotely I don't see any issue. Not sure how the compensation works as you technically cannot be paid in US during this time. You might want to talk to a immigration attorney for alternatives.

 

[Samoinp]

Great thanks!
One more question, in the event that there is no office, how does it work ? Because not sure if they actually have an office or just have contractors there, Finding out as we speak but just want to be prepared

Make sure to check if this will be considered as a Canadian business. This matters if you want your overseas business trips to be counted for citizenship residency obligations. Being employed by a Canadian business lets one do that.

Immigration might view your work just as a freelancer. I'm not sure, may be someone else has any idea.

 

[Bs65]

Make sure to check if this will be considered as a Canadian business. This matters if you want your overseas business trips to be counted for citizenship residency obligations. Being employed by a Canadian business lets one do that.

Immigration might view your work just as a freelancer. I'm not sure, may be someone else has any idea.

Overseas business trips as a Canadian PR for a Canadian company do not count at all for Canadian citizenship applications. You need to only count days physically in Canada for Citizenship. Also business trip days do not count for the residency obligation unless someone is temporarily assigned long term outside of the country by a Canadian employer whom they worked for before moving abroad. Business trips do not count.

 

[Samoinp]

Overseas business trips as a Canadian PR for a Canadian company do not count at all for Canadian citizenship applications. You need to only count days physically in Canada for Citizenship. Also business trip days do not count for the residency obligation unless someone is temporarily assigned long term outside of the country by a Canadian employer whom they worked for before moving abroad. Business trips do not count.

Looks like it may be considered just for the residency obligation of PR?

 

[Bs65]

Looks like it may be considered just for the residency obligation of PR?

Business trip days outside Canada do not count towards anything whether it be PR residency or citizenship. For the PR residency there are specific exceptions which do not though include solo business trips, just some specific accompanied situations. No exceptions for citizenship qualification.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

 

[canuck78]

Make sure to check if this will be considered as a Canadian business. This matters if you want your overseas business trips to be counted for citizenship residency obligations. Being employed by a Canadian business lets one do that.

Immigration might view your work just as a freelancer. I'm not sure, may be someone else has any idea.

If your company does work in Canada don't believe you can work remotely through the US believe you need to get paid through their Canadian office or set-up your own consulting business in Canada. Your plan is not that simple.

 

[ss0592]

Yeahh change in plans. Canada will only occur if my company is able to move me there properly, as a Canadian PR, for a role completely based in Canada. Which is not going to happen anytime soon. So need to put this on hold.
They are letting me work in India for a few months while I wait to hear about my H1B. I will have to figure out Canada post that. However, thank you for all your help!

 

[skw]

Hi everyone, so i'm moving to Canada soon as i received my CoPR. now I have worked in the US on an H1b on contract and now I'm being offered a similar contractual role. I'm confused as to how I can go about this and that even though I currently may not have a valid H1b, I do have my PR. Does that count for anything? Also, they are willing to get me back on contract. I need some advice on how it might work out.