Working remotely from Canada in US company as Canadian PR

[frazman007]

Well, the H1b relationship matters only if you are physically present in US. There is no need to end the payroll if he moves outside US. Outside US, it's immigration laws have no effect. So it's fine for him to work from India getting paid in USD.

Even if we consider your case, your H1b is tied to your US location, but they are letting you work from Canada because there is no implication of H1B outside US, like you are not in H1B status when you are not in US.

From immigration purpose .. yeah.. it has nothing to do with that.. even if you are a US citizen and want to alter your work relationship by moving to a different country.. same rules apply..
I think we are saying the same thing..
Point being, moving out of US normally doesn't impact h1b

 

[frazman007]

We are now talking of different issues... Let's stick to the thread.. your friend's h1b denial has nothing to do with the original question

 

[DEEPCUR]

We are now talking of different issues... Let's stick to the thread.. your friend's h1b denial has nothing to do with the original question

Well you just read between the lines of my posts, confused yourself and sidetracked it details of H1 denial. I didn't intend to discuss about the denial at all. You are the who wanted more specifics on that topic.

If you read my posts patiently, you will notice that the point I was trying to make was that the employer was not okay for the person to work from outside US while getting paid in USD because of 'local employer tax obligations'. There is still no clarity on that topic.

Having your company in Canada actually complicates things for you and your employer because it further strengthens the necessity of your employer complying by Canadian laws and deduct federal and provincial taxes from your payroll. They are not doing that today. It is like they have an employee working from Canada, but they are not deducting and paying any taxes from that employee to Canadian government.

There is one more member whose employer had similar concerns on employer's local tax obligations. You can check in daily commute thread.

 

[frazman007]

Well you just read between the lines of my posts, confused yourself and sidetracked it details of H1 denial. I didn't intend to discuss about the denial at all. You are the who wanted more specifics on that topic.

If you read my posts patiently, you will notice that the point I was trying to make was that the employer was not okay for the person to work from outside US while getting paid in USD because of 'local employer tax obligations'. There is still no clarity on that topic.

Having your company in Canada actually complicates things for you and your employer because it further strengthens the necessity of your employer complying by Canadian laws and deduct federal and provincial taxes from your payroll. They are not doing that today. It is like they have an employee working from Canada, but they are not deducting and paying any taxes from that employee to Canadian government.

There is one more member whose employer had similar concerns on employer's local tax obligations. You can check in daily commute thread.

Naah man.. there is a mixup..
I asked here like a year ago... And then someone asked me here today..
I mean , I am on h1b.. I live in Canada.. I have travelled like 20 times last year across the border... I have already gone thru the extension.. I have already went to US consulate in Toronto and got h1b stamped in canada... I have no question about this situation at all..
Maybe there is a mixup... As far as I am concerned, there is no issue in this arrangement.. but everyone situation is unique... I am not a lawyer.. I am guessing neither are you.. so to each on their own..

On tax, no offense, but I would trust my HR and lawyers more than some random thread

 

[DEEPCUR]

Naah man.. there is a mixup..
I asked here like a year ago... And then someone asked me here today..
I mean , I am on h1b.. I live in Canada.. I have travelled like 20 times last year across the border... I have already gone thru the extension.. I have already went to US consulate in Toronto and got h1b stamped in canada... I have no question about this situation at all..
Maybe there is a mixup... As far as I am concerned, there is no issue in this arrangement.. but everyone situation is unique... I am not a lawyer.. I am guessing neither are you.. so to each on their own..

On tax, no offense, but I would trust my HR and lawyers more than some random thread

Cool.. I totally agree from your case it is definitely clear that there is no issue with immigration.

I just wanted to see if your employer had any concerns on taxation part, looks like they didn't.

And one more question.. is there any specific reason for choosing Toronto for your Canadian stay as you could choose anywhere in Canada? Is it for ease of air connectivity?

 

[frazman007]

Cool.. I totally agree from your case it is definitely clear that there is no issue with immigration.

I just wanted to see if your employer had any concerns on taxation part, looks like they didn't.

And one more question.. is there any specific reason for choosing Toronto for your Canadian stay as you could choose anywhere in Canada? Is it for ease of air connectivity?

I was in Vancouver for a while as it's close to Bay area.... But then it rains a lot there... Hence moved to Toronto and love it here... Also when I moved here, I wanted to ease in... Like travel to US almost every other week.. eventually me and my employer established a "Grove"... So... Moving to Toronto was a doable arrangement.
Though, in 2020, I want to check out montreal as well...
Tldr is... Love the place

 

[asks1985]

When you apply for H1B extension, it is advisable you stay in US till your petition is approved. This is because your I-94 can change when you cross the borders. Below is a link that describes facts of H1-B.

 

[frazman007]

When you apply for H1B extension, it is advisable you stay in US till your petition is approved. This is because your I-94 can change when you cross the borders. Below is a link that describes facts of H1-B.

I have thought about this a lot.. and it doesn't matter. The moment my petition is approved, I am going to step out of US into Canada and then I would have to go to the embassy to get a new stamp. So, it really doesn't matter. Sure, I can try for visa revalidation but its a hassle as it takes bit of a time to clear CBP.

 

[asks1985]

As long as you file your petition in US and get a approved petition in US (without crossing the borders) you should be fine. Fact # 3 in the above video talks about this.

 

[DeeptiGupta]

Hi,

I have a similar situation. Currently working in US on H1B and planning to move to Canada on PR. I'll be working remotely in Canada for US employer. So if I travel once a month to US on H1B for a week that shouldn't be a problem, right? I'll be staying in hotel but have given my friend's address for tax purposes.
Do we need a valid US address proof every time we travel to US?
What kind of questions they ask at border? I'll traveling from Toronto to Buffalo.
I have my H1 visa stamped and have stayed in US for more than 3 years.
Should I apply for Nexus card too?

 

[canuck78]

Hi,

I have a similar situation. Currently working in US on H1B and planning to move to Canada on PR. I'll be working remotely in Canada for US employer. So if I travel once a month to US on H1B for a week that shouldn't be a problem, right? I'll be staying in hotel but have given my friend's address for tax purposes.
Do we need a valid US address proof every time we travel to US?
What kind of questions they ask at border? I'll traveling from Toronto to Buffalo.
I have my H1 visa stamped and have stayed in US for more than 3 years.
Should I apply for Nexus card too?

First you are committing tax fraud by lying and saying you live and work in the US. That can obviously lead to problems.

 

[DeeptiGupta]

First you are committing tax fraud by lying and saying you live and work in the US. That can obviously lead to problems.

Is it a tax fraud when you pay taxes of both countries per law?
I am thinking of working remotely for 3 weeks and come to my office for one week (My office is in New Jersey).
how do I justify to the US immigration at the border about me living in Canada and working in US on h1b?
What kind of. questions are asked at border?

 

[harirajmohan]

Hi,
1.So if I travel once a month to US on H1B for a week that shouldn't be a problem, right?
2. I'll be staying in hotel but have given my friend's address for tax purposes.
3. Do we need a valid US address proof every time we travel to US?
4. What kind of questions they ask at border?
5.have stayed in US for more than 3 years. Should I apply for Nexus card too?

1. Yes. Also if you have valid stamp and approved I797, you dont need to travel once a month unless you need to maintain active status or else you can go whenever you are required. Make sure that you are travelling to the correct location that was approved in your H1.
My opinion: Any travel which is not weekly will raise more questions on the job and its nature. Because it will look like you just need some other type of visa such as Business visa. so expect to answer additional questions on that. Consult your immigration team to get prepared before you move.
If your job doesnt require travel then you can just work from remote to avoid headache in explaining.
2. Not necessary.
3. I have Canada address in my records in company but they do deduct the taxes based on working location. So US address should not be necessary or doesnt make difference. We cant use US license after a while hence we will use the address in Canadian license.
4. Usual ones mainly on your job roles, location and about the company.
5. Nexus will help cut the time in most days.
I had trouble getting nexus as they asked me to stay continuous 3 years(without departing out of continental US). But my colleague had a brief travel to other continent but never raised issue for him - not sure if he had given all the travel and addresses in his application hence could not know why his case was different. So just apply and see if they approve.
My initial application got returned with the fee and had to send it after a year (after satisfying requirements).

 

[canuck78]

Is it a tax fraud when you pay taxes of both countries per law?
I am thinking of working remotely for 3 weeks and come to my office for one week (My office is in New Jersey).
how do I justify to the US immigration at the border about me living in Canada and working in US on h1b?
What kind of. questions are asked at border?

It is tax fraud if you use your friend's address for taxes which is what your post seemed to indicate but it seems that you are declaring your income to Canada. It also is fraud by using someone's address when you don't actually reside there.

 

[frazman007]

As long as you file your petition in US and get a approved petition in US (without crossing the borders) you should be fine. Fact # 3 in the above video talks about this.

I don't think so. I just asked this in avvo: https://www.avvo.com/legal-answers/...4140007.html?answer_id=9092063#answer_9092063
and the response is consistent with what I got before.
But I will be careful and double check at the right time.