Daily commute (Detroit-Windsor) (H1b and Canada PR)

[genruab]

Hi all, hoping to get your expert opinion here.
I'm currently PR in Canada, landed and living for 1 year already. Recently I've got evaluated my chances of getting GC and it looks promising with the timeline of about 1-1.5 yrs to finalize everything. I still want to pursue Canadian citizenship before or while I embark across the border. As I understand I need to be present 6 months of year in the US to maintain GC and any border crossing is counted towards one day, as for IRCC I'd need to spend a night in Canada.
I was thinking moving to Windsor once I'm GC'ed and try finding a job in Detroit to commute daily. I know many people do it, but could anyone give a breakdown on the commute situation? The tunnel/bridge pass, the average time to get through the border etc. cost, parking. Maybe there is a carpool group? What about taking the bus if working downtown Detroit.
Also, would this plan interfere with citizenship application at IRCC? Any feedback is appreciated.

 

[Ronak529]

Hi @harirajmohan, could you please help me understand why it's preferred to have a Canada DL and registration to avoid hassle from both sides at the border? Can't I keep US license and registration till I am working on H1B in the US and switch to Canada DL/registration after I move to Canada permanently? Please provide some guidance on this. Thank you!

That would be terrible because, CBSA will keep asking everyday about your car transfer. As per Canada you are a PR and now that you started residing in Canada why haven’t you transferred? I was in same boat and didn’t wanted to transfer but due to daily questions I have Canadian plate now

 

[Ronak529]

Hi @canprofus, thank you for your response. Sorry, I was away from this forum for quite some time. Can you please explain a bit why it will start looking suspicious if I travel to Canada over a weekend and work in the US on H1B during weekdays for 5-6 months? I am not able to figure this out, therefore want to know Is there anything that I am missing here? Would be helpful if you could please provide some pointers or share your thoughts. Thank you!

There should be no problem by doing this. Neither CBSA or CBP cares about it.

 

[vinay2222]

I recently got my COPR after 3+ years of waiting. We are moving to Detroit-Windsor in October. My wife and I are in H1B. We are not sure whether to start with daily commute or weekly commute as Nexus takes a year and we don't want to go through this hassle everyday. We will soon commute daily regardless. I found a good amount of information from this thread. I do have some questions that I was not able to find answers anywhere.
1. I have FSA Dependent care that I use for my kids' daycare. Like HSA and 401K, can we deduct FSA Dependent care from Canadian taxes ?
2. Can we use FSA dependent care in Windsor and if so how does the payment work as FSA is in USD?
3. If I choose a weekly commute to start with, I will be a US resident for Tax purpose. How complicated would a dual resident situation make while filing taxes ? I buy/sell lots of stocks using Schwab.
4. How much time does it take to wait at the tunnel around 8:30am entering Detroit and around 5pm entering Windsor without Nexus?

Can someone add me to whatsapp or Telegram group for commuters please ?

 

[vikas.trades25]

Hi All,
I would be really grateful if someone who has done this or some experienced forum member could take out time to address some of my questions/doubts.

My current situation:
I am currently on H-1b (extension visa which expires in Oct 2024) and my employer is currently filing my I-140 (I am from India). I have a Canadian PR (landed in April 2023).
I work in NY and my employer has recently gone full remote.

Questions:
1.) Is there a way I can stay in Canada (maintain my Canadian PR) and keep my current H-1b application and GC process active (Current stage: I-140 being filed)?
2.) Does staying in Canada border town like Windsor or Niagara and commuting to US address both of the above?
3.) Do I need to have an employer office in border town at the US side, since my employer has gone fully remote. Is there any such requirement?
4.) Do I need to apply for AOS or Nexus application for such a commute.? Dont know the exact particulars, so would need guidance on any resource or link which explains this in detail?
5.) Do I need to get any changes done from my employer to achieve this. Do I need to change my GC application to consular processing?
6.) Can I change my US employer in this process later (assuming I have attained the Canadian citizenship) and keep my old I-140 application timeline.

So basically I do not want to lose Canadian PR as I want to achieve Canadian citizenship but want to explore the option of working in US with my current immigration state.

Thanks

 

[Ronak529]

Hi All,
I would be really grateful if someone who has done this or some experienced forum member could take out time to address some of my questions/doubts.

My current situation:
I am currently on H-1b (extension visa which expires in Oct 2024) and my employer is currently filing my I-140 (I am from India). I have a Canadian PR (landed in April 2023).
I work in NY and my employer has recently gone full remote.

Questions:
1.) Is there a way I can stay in Canada (maintain my Canadian PR) and keep my current H-1b application and GC process active (Current stage: I-140 being filed)?

yes you can

2.) Does staying in Canada border town like Windsor or Niagara and commuting to US address both of the above?

yes you can, is there any requirement to do a daily commute due to work? If you are allowed to work from Canada, then you can do once a month and keep active your H1B and GC

3.) Do I need to have an employer office in border town at the US side, since my employer has gone fully remote. Is there any such requirement?

as long as it’s commutable distance not needed, else do an amendment to the nearest location. It can be a house because you are a remote employee

4.) Do I need to apply for AOS or Nexus application for such a commute.? Dont know the exact particulars, so would need guidance on any resource or link which explains this in detail?

not needed, anyway wait time is more than a year for nexus

5.) Do I need to get any changes done from my employer to achieve this. Do I need to change my GC application to consular processing?

no

6.) Can I change my US employer in this process later (assuming I have attained the Canadian citizenship) and keep my old I-140 application timeline.

i140 is a future employment, you can keep your i140 even on Canadian Passport

So basically I do not want to lose Canadian PR as I want to achieve Canadian citizenship but want to explore the option of working in US with my current immigration state.

you won’t lose pr if you stay there for certain time. Congratulations

Thanks

 

[vikas.trades25]

Hi All,

Do you anything about this program:
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/h1b.html

What exactly does this imply? Does this allow one to work in Canada for a US employer.

Thanks

 

[Almostsummer]

Hi, for those of you who reside in Canada and work in the US (daily commute), does your US income count towards the income requirement for Canada's parents & grandparents sponsorship program?

 

[swan0206]

Hi, for those of you who reside in Canada and work in the US (daily commute), does your US income count towards the income requirement for Canada's parents & grandparents sponsorship program?

If you have paid taxes and include Tax documents, then it would give them an idea if thats enough for Super Visa or not.

 

[swan0206]

Were you on an H1 visa? Didnt you need an address in the US for USCIS?

No, its not mandatory. However, during my extension i did include my office address and remote address(friends address in USA)

 

[Takita]

An Indian person worked in US on H1B VISA and got approved I-140 (>6 months). Then moved to Canada with same company Canadian subsidiary (Toronto) and got Canadian PR currently living in Windsor, ON (Remote role).

In the works...Planning to make internal transfer from CAN to US back with same company keeping current remote role in US by living in Windsor due to Spouse employment offer in US. Spouse coming from India to Canada first and then planning to apply H1B+H4+EAD together as opposed to applying separately. Spouse employer okay to move to US payroll as long as no immigration paperwork filing required from employer's end (whole reason for posting thread). Prior to US to Canada move, I worked onsite in US so H1B LCA must have had office address, but now planning to work remote in US. Current H1B (valid stamp) expiring Aug 2023.

1. Q- Does LCA filing required prior H1B extension? Never been in this situation (always had H1B extension with same company same location previously), nvm. How long does it take for LCA?
2. Q- Is it still taking under 2weeks to get all 3 H1B Ext+H4(New)+EAD(New) approved under premium processing if bundled together even if filed from Canada? any data points?
3. Q- Does giving relatives/friends address or mail forwarder address like shipsy for US address during H1B extension filing will have any issues? If Yes, then does regular visits required to that location? frequency?
4. Q- Sorry if this Q answered multiple times before. Does renting a place in Detroit is required as I'm planning to stay in Windsor until meting Citizenship physical presence requirements?
5. Can someone who applied H1B Extension + H4 (New) + EAD premium processing together from Canada kindly DM? TIA.

 

[Takita]

An Indian person worked in US on H1B VISA and got approved I-140 (>6 months). Then moved to Canada with same company Canadian subsidiary (Toronto) and got Canadian PR currently living in Windsor, ON (Remote role).

In the works...Planning to make internal transfer from CAN to US back with same company keeping current remote role in US by living in Windsor due to Spouse employment offer in US. Spouse coming from India to Canada first and then planning to apply H1B+H4+EAD together as opposed to applying separately. Spouse employer okay to move to US payroll as long as no immigration paperwork filing required from employer's end (whole reason for posting thread). Prior to US to Canada move, I worked onsite in US so H1B LCA must have had office address, but now planning to work remote in US. Current H1B (valid stamp) expiring Aug 2023.

1. Q- Does LCA filing required prior H1B extension? Never been in this situation (always had H1B extension with same company same location previously), nvm. How long does it take for LCA?
2. Q- Is it still taking under 2weeks to get all 3 H1B Ext+H4(New)+EAD(New) approved under premium processing if bundled together even if filed from Canada? any data points?
3. Q- Does giving relatives/friends address or mail forwarder address like shipsy for US address during H1B extension filing will have any issues? If Yes, then does regular visits required to that location? frequency?
4. Q- Sorry if this Q answered multiple times before. Does renting a place in Detroit is required as I'm planning to stay in Windsor until meting Citizenship physical presence requirements?
5. Can someone who applied H1B Extension + H4 (New) + EAD premium processing together from Canada kindly DM? TIA.

@harirajmohan

 

[harirajmohan]

An Indian person worked in US on H1B VISA and got approved I-140 (>6 months). Then moved to Canada with same company Canadian subsidiary (Toronto) and got Canadian PR currently living in Windsor, ON (Remote role).

In the works...Planning to make internal transfer from CAN to US back with same company keeping current remote role in US by living in Windsor due to Spouse employment offer in US. Spouse coming from India to Canada first and then planning to apply H1B+H4+EAD together as opposed to applying separately. Spouse employer okay to move to US payroll as long as no immigration paperwork filing required from employer's end (whole reason for posting thread). Prior to US to Canada move, I worked onsite in US so H1B LCA must have had office address, but now planning to work remote in US. Current H1B (valid stamp) expiring Aug 2023.

1. Q- Does LCA filing required prior H1B extension? Never been in this situation (always had H1B extension with same company same location previously), nvm. How long does it take for LCA?
2. Q- Is it still taking under 2weeks to get all 3 H1B Ext+H4(New)+EAD(New) approved under premium processing if bundled together even if filed from Canada? any data points?
3. Q- Does giving relatives/friends address or mail forwarder address like shipsy for US address during H1B extension filing will have any issues? If Yes, then does regular visits required to that location? frequency?
4. Q- Sorry if this Q answered multiple times before. Does renting a place in Detroit is required as I'm planning to stay in Windsor until meting Citizenship physical presence requirements?
5. Can someone who applied H1B Extension + H4 (New) + EAD premium processing together from Canada kindly DM? TIA.

LCA is required upfront before filing any H1(- doesnt matter if its new/extension/transfer).
I think that recently uscis started to allow premium process for ead too. https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
I doubt that you can get EAD/H4 extension processed if you are in Canada.

Move to US first along with your spose. Apply for premium extension for H1, H4 and H4-EAD.

Another complexity is that if your I797 expires next month and you are yet to enter US. Not many officers allow very close to expiration of work permit.

You should be asking what your immigration lawyer/dept can do at your situation as they are the ones going to do it without listening to what i or you say.

 

[brucewayne1189]

Hi All.Firstly, I would like to mention this forum has been very helpful for a lot of Canadian PR related information. I was on an h1b visa in the US and landed as a Canadian PR in Jan 2020. After landing, I went back to the US and could not spend much time in Canada over the next 3 years due to Covid. I was working on H1B till April 2023, but then unfortunately got laid off from the US branch of my company but found another role in the Canadian branch of the same company. I formally moved to Toronto, Canada in April 2023 and I am now working with the Canadian branch of my former US employer.

During the first 3 years of my PR, I accumulated 6 months of residency by travelling regularly to Canada and by end of August, 2023 I will have around 1 year of Canadian residency. I need to spend another 1 year in the next 1.5 years so that I am in compliance with residency obligations and before my PR is up for renewal in Jan 2025. I also have a NEXUS card.

Recently I have received an offer from a US employer for a completely remote role. The employer is going to do the h1b visa transfer and start my i-140 process. Since the role is totally remote, I am thinking of living near the border and potentially doing daily commute to a co-working location / private office in the US. I am considering Windsor-Detroit, Niagara-Buffalo, Surrey - Bellingham etc as some of the possible options.

I had a few questions and I will be grateful if members of the forum can answer based on their own experience:

1. Is it okay to setup a private office with we work or some co-working company in the US and use that as an office location where you commute to regularly? My employer has a few offices in the US but they are far from the border and it is a remote first company. I am planning to setup a private office where I can work and receive physical mail? Is that okay?
2. Can I use this private office address at a co-working location for my H1B i797 and I-140 petition or I can use a Canadian address as well?
3. Is it important to commute regularly like 2-3 times a week ? Does this have an impact while filing taxes in Canada with US sourced income, if I am only commuting once a month and rest of the time working from home in Canada?
4. I understand everything is legal but can I be questioned at the border? What kind of questions can be asked? Since my job is remote, and I am travelling to a private office I have setup, will that be an issue? How to tackle these questions?
5. For Windsor-Detroit, can I use the tunnel bus regularly or having a car is better? I have also seen there is regular bus service between Seattle-Vancouver which stops at Bellingham. I am still finalizing the location.
6. In terms of health insurance, I am planning to decline US health coverage but plan to have US dental insurance and Canadian provincial health insurance? Is that okay?
7. Does daily commute have any effect on 401k, HSA, and vesting of RSUs given by the company?

It will be great if somebody can help me with this. Will also appreciate if someone can add me to any concerned whatsapp or telegram groups for daily commuters?

 

[abdmuq11]

Hello,
I am a H-1B visa holder currently working in USA. When I got my PR I planned to get my I-140/PERM approved and then move to Canada on my PR. But due to the pandemic, my PERM application is still not approved due to delays. So I am planning on moving to Windsor and travel to Detroit daily for work. I am doing this as I have a good salary in USA and I need that to fulfill the commitments I have in India like family support etc. I want to know how the tax process works, whether it is financially feasible and any other implications that this might have.
Another option that I am considering is working two jobs in Canada. Is that possible?
Please advise.
Thank you.

what did you end up doing?