Working remotely from Canada in US company as Canadian PR

[frazman007]

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

Wow.. that's a very strong allegation.
1) As far as I know, I am still a resident as per US laws (number of days in US + 1/3 number of days in US previous year + 1/6 number of days in US two years ago > some number of days).
2) You should read again. I own my only place in bay area. So, its not my friend's place, it's my place
3) Last time I check, as a PR there is no requirement to work in Canada. Its not compulsory. You can work.. You can skip working. There was no condition in my residency that I owe to work in Canada as long as file my taxes and pay the owed difference.

 

[frazman007]

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.

Wow.. that's a very strong allegation.
1) As far as I know, I am still a resident as per US laws (number of days in US + 1/3 number of days in US previous year + 1/6 number of days in US two years ago > some number of days).
2) You should read again. I own my only place in bay area. So, its not my friend's place, it's my place
3) Last time I check, as a PR there is no requirement to work in Canada. Its not compulsory. You can work.. You can skip working. There was no condition in my residency that I owe to work in Canada as long as file my taxes and pay the owed difference.

 

[frazman007]

Guys.. . I have literally hired my own accountant and an immigration attorney to help navigate through this. Either post with a citation or stop quoting me in the link.
You dont have to follow the route as I did. Its your choice. Everyone is an adult here (I assume)

 

[DEEPCUR]

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).

When people come to US once a month or once a year, they don't 'visit' their employer or team, but do work and get paid with specific job duties. On B1/B2, one cannot work.. they can just visit for conferences or meetings or anything like that with B1/B2. H1 is the best possible option in this case.

On what basis can CBP question their visa class if they happen to say their purpose of visit happpens to work as software engineer for so and so company?

 

[asks1985]

CBP has the right to know what a person did beyond the borders of USA.

 

[harirajmohan]

When people come to US once a month or once a year, they don't 'visit' their employer or team, but do work and get paid with specific job duties. On B1/B2, one cannot work.. they can just visit for conferences or meetings or anything like that with B1/B2. H1 is the best possible option in this case.

On what basis can CBP question their visa class if they happen to say their purpose of visit happpens to work as software engineer for so and so company?

Having H1 and entering monthly will raise the question on why to have H1 when B1 serves the purpose of requirements gathering(as you said meetings). So one or the other officers will ask.

And Yes they have every right to ask the purpose of visit and the relevancy of using correct visa for correct purpose.

USCIS , consular officer and CBP officer have equal rights to admit and review the cases. CBP has the same right as the consular who rejects and asks uscis to review the eligibility of the candidate seeking a particular visa class.

CBP denies entry of a candidate if he feels wrong visa class is used(which is abuse of visa). Do you think that they will let you in just like that just because candidate has visa and uscis approval? Its not the case. Saying the purpose and having the documents alone is not enough - the correct visa class for that purpose should be used.

 

[frazman007]

When people come to US once a month or once a year, they don't 'visit' their employer or team, but do work and get paid with specific job duties. On B1/B2, one cannot work.. they can just visit for conferences or meetings or anything like that with B1/B2. H1 is the best possible option in this case.

On what basis can CBP question their visa class if they happen to say their purpose of visit happpens to work as software engineer for so and so company?

So in B1/B2 you are allowed to meet clients. So, what people normally do is start an LLC in Canada and then use that LLC to pursue contract work in US. Then you are truthful in saying that "I am going to meet clients for meetings". That is legal.

That is usually the hassle free route. Where you get paid in CAD, there are no US tax implications, you are still working with US employer etc etc

 

[frazman007]

Having H1 and entering monthly will raise the question on why to have H1 when B1 serves the purpose of requirements gathering(as you said meetings). So one or the other officers will ask.

And Yes they have every right to ask the purpose of visit and the relevancy of using correct visa for correct purpose.

USCIS , consular officer and CBP officer have equal rights to admit and review the cases. CBP has the same right as the consular who rejects and asks uscis to review the eligibility of the candidate seeking a particular visa class.

CBP denies entry of a candidate if he feels wrong visa class is used(which is abuse of visa). Do you think that they will let you in just like that just because candidate has visa and uscis approval? Its not the case. Saying the purpose and having the documents alone is not enough - the correct visa class for that purpose should be used.

Its perfectly legal to live in Canada and work in US. You don't need to hide anything.. After traveling between US and Canada almost every other week.. Normally the conversation with US CBP is like:

"Purpose of visit" : I work in US at [insert company]
"Why were you in Canada": I live in Canada. I am a permanent resident here.
That's it.
Fortunately, my company is a famous one (one where you stream movies, tv series online) and normally there is a small banter around some content which they didnt like.


On Canadian Side: its even faster.
"How long you were in US": Usually, 3-4 days
"Why were you in US": I work there.

And that's it.

So, I am not sure what's wrong in not being forthright with CBP.

 

[DEEPCUR]

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.

This is not tax

Having H1 and entering monthly will raise the question on why to have H1 when B1 serves the purpose of requirements gathering(as you said meetings). So one or the other officers will ask.

And Yes they have every right to ask the purpose of visit and the relevancy of using correct visa for correct purpose.

USCIS , consular officer and CBP officer have equal rights to admit and review the cases. CBP has the same right as the consular who rejects and asks uscis to review the eligibility of the candidate seeking a particular visa class.

CBP denies entry of a candidate if he feels wrong visa class is used(which is abuse of visa). Do you think that they will let you in just like that just because candidate has visa and uscis approval? Its not the case. Saying the purpose and having the documents alone is not enough - the correct visa class for that purpose should be used.

You should read my posts properly. I said these people travel a month to US to work, not to meet. So B1/B2 not an option.

For working H1 (or L1 if applicable) only option..

what can CBP say if the person says purpose of visit is to work as software developer for so and so company?

Every single visit is given on its own merit and there is no law that says one should be working this amount of time in H1 in year or whatsoever. You should stop cooking your own version of laws.

 

[canuck78]

Wow.. that's a very strong allegation.
1) As far as I know, I am still a resident as per US laws (number of days in US + 1/3 number of days in US previous year + 1/6 number of days in US two years ago > some number of days).
2) You should read again. I own my only place in bay area. So, its not my friend's place, it's my place
3) Last time I check, as a PR there is no requirement to work in Canada. Its not compulsory. You can work.. You can skip working. There was no condition in my residency that I owe to work in Canada as long as file my taxes and pay the owed difference.

Was responding to @DeeptiGupta who said he was providing his friend's address for tax purposes. You can look back and see I replied to his post. Then he clarified that he was paying Canadian taxes so was not saying he worked and lived in the US 100% of the time. Giving your friend's address to your employer to use as your address for tax purposes is still fraud.

 

[harirajmohan]

You should stop cooking your own version of laws.

I am not sure why you have problem in others explaining their opinion and interpretation to the OP. If you cant agree then its fine but you cant tell what others should/shouldnt do.
Please try to know the public forum rules before issuing statements like this(this is not the first time you did - i did not want to write this but i had to because you are doing the same again).
We are in the same intention of helping someone which is being distracted by this kind of statements.

 

[DEEPCUR]

I am not sure why you have problem in others explaining their opinion and interpretation to the OP. If you cant agree then its fine but you cant tell what others should/shouldnt do.
Please try to know the public forum rules before issuing statements like this(this is not the first time you did - i did not want to write this but i had to because you are doing the same again).
We are in the same intention of helping someone which is being distracted by this kind of statements.

Peace..

 

[boatyyo]

Hi All,

I read through this thread because i want to have a similar setup with my employer but I'm very confused. Can you please post your opinion on my case?
I work for a small consulting firm (based in TX) and mostly work from home (in Northeast, so they have setup my payroll for northeast) but sometimes travel for a week or 2 per month to different client locations. We are planning to move to Toronto in March and i want to continue working with them but my firm does not want to create any company/presence in Canada. They are saying i have 2 options:
1. I can be an independent contractor in Toronto and they pay me directly. I would need to take care of Canadian taxes, etc. and they are not clear on the requirements in Canada to work like a 1099 contractor (USA) so I would need to do some homework to see if this is possible on my side.
2. I work in a Professional Employer Organization in Canada and the company would contract with Akili

In both these options i don't get to continue my H1b and then travel to US would require a business visa which would be problematic since i can't really work on it.
Without setting up Canadian payroll can my company pay me at all if i live in Canada?

Thanks!

 

[asks1985]

Hi All,

I read through this thread because i want to have a similar setup with my employer but I'm very confused. Can you please post your opinion on my case?
I work for a small consulting firm (based in TX) and mostly work from home (in Northeast, so they have setup my payroll for northeast) but sometimes travel for a week or 2 per month to different client locations. We are planning to move to Toronto in March and i want to continue working with them but my firm does not want to create any company/presence in Canada. They are saying i have 2 options:
1. I can be an independent contractor in Toronto and they pay me directly. I would need to take care of Canadian taxes, etc. and they are not clear on the requirements in Canada to work like a 1099 contractor (USA) so I would need to do some homework to see if this is possible on my side.
2. I work in a Professional Employer Organization in Canada and the company would contract with Akili

In both these options i don't get to continue my H1b and then travel to US would require a business visa which would be problematic since i can't really work on it.
Without setting up Canadian payroll can my company pay me at all if i live in Canada?

Thanks!

 

[asks1985]

You cannot work remotely unless your LCA supports the location. As you know Canada is not part of US, so no LCA can be filed. Here is a video that talks about this.