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Commuting to US everyday and Shadow payroll in Canada

siddix16

Full Member
May 5, 2020
20
5
Hello,

I am planning on moving to Windsor in July and commuting to work every day which is in Michigan. I have canadian PR and H1B in US. I recently talked to my immigration and tax attorneys of my company, and while immigration attorney was completely fine with me residing in Canada and coming to US, the tax attorney stated that my employer would have to start a "shadow payroll in canada" and register with Canadian revenue service. Has anyone experienced something like this? What did the employer say?
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
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Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
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23-Dec-2015
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Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
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PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Hello,

I am planning on moving to Windsor in July and commuting to work every day which is in Michigan. I have canadian PR and H1B in US. I recently talked to my immigration and tax attorneys of my company, and while immigration attorney was completely fine with me residing in Canada and coming to US, the tax attorney stated that my employer would have to start a "shadow payroll in canada" and register with Canadian revenue service. Has anyone experienced something like this? What did the employer say?
Lot of us here are in PR in windsor and go to work to Detroit/Michigan. We dont have shadow/shady payroll. What are you trying to achieve?
Dont plan based on some great innovative "tax attorney". They just need your money and services for years to come. Of course you need tax consultants help only when you earn money through your own firm to reduce taxes. To maintain H1 status, these tax consultants are just another burden and expense for the simple plain w2 income(which is not anyway complicated to hire/listen to tax consultants).

Just stick to your employer's plan as its the one that pays you hence you need to listen to them, not the tax consultants. You are not going to do something which is not being done in a simple manner with less expense.

Moving to Windsor has zero effect on your payroll in US hence its just your residence changes and additionally Canada tax filing(with paying remaining tax) just added to your early task(other than painful driving/commuting, paying tolls and doing car repairs due to heavy mileage put on car).
 

mxg

Star Member
Jun 6, 2019
176
240
United States
Category........
FSW
Visa Office......
Calgary
NOC Code......
0124
AOR Received.
25-01-2019
Med's Done....
07-03-2019
Passport Req..
10-01-2020
VISA ISSUED...
14-01-2020
Lot of us here are in PR in windsor and go to work to Detroit/Michigan. We dont have shadow/shady payroll. What are you trying to achieve?
Dont plan based on some great innovative "tax attorney". They just need your money and services for years to come. Of course you need tax consultants help only when you earn money through your own firm to reduce taxes. To maintain H1 status, these tax consultants are just another burden and expense for the simple plain w2 income(which is not anyway complicated to hire/listen to tax consultants).

Just stick to your employer's plan as its the one that pays you hence you need to listen to them, not the tax consultants. You are not going to do something which is not being done in a simple manner with less expense.

Moving to Windsor has zero effect on your payroll in US hence its just your residence changes and additionally Canada tax filing(with paying remaining tax) just added to your early task(other than painful driving/commuting, paying tolls and doing car repairs due to heavy mileage put on car).

I have a similar situation and it would be great if you could provide an insight since you mentioned you are PR who goes to work in Michigan. So in our case, we are planning to move to Canada soon (first entry after receiving COPR) with our car which we bought in the US. I will be living and working in Canada, and my husband would be living and working in Detroit, Michigan. He is planning on travelling to Canada every other weekend to visit me. I have the following questions regarding travelling with a car back and forth between US and Canada.
  1. Did you export the car and does it have a Canadian license plate?
  2. Did you face any issues driving a car with Canadian license plate in the US for a longer period? I read that people can drive in the US with a Canadian license plate for one year.
  3. In case you didn't export the car, can you please explain how you are travelling to the US for work every day?
I am really confused whether to export our car to Canada or not. I read that its mandatory to export your car if you are a PR, but my husband will be still partly living in the US. I would really appreciate it if you could shed some light. Thanks in advance
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
  1. Did you export the car and does it have a Canadian license plate?
  2. Did you face any issues driving a car with Canadian license plate in the US for a longer period? I read that people can drive in the US with a Canadian license plate for one year.
  3. In case you didn't export the car, can you please explain how you are travelling to the US for work every day?
I am really confused whether to export our car to Canada or not. I read that its mandatory to export your car if you are a PR, but my husband will be still partly living in the US. I would really appreciate it if you could shed some light. Thanks in advance
1. Yes exported car from US and imported to Canada and plated with Canadian.
2. No issues and i am using for 3 years. People who import temporarily are allowed for one year. If its permanent import then you can drive it for more than a year.
Main thing is that one should change the driver license and registration within few weeks to avoid issues because having different DL and plate creates confusion to border officials. Mainly if you move to Canada(doesnt matter if spouse is in US) then your license and your car should be Canadian within few weeks of moving to make the trip hassle free(almost).
 
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Reactions: mxg

mxg

Star Member
Jun 6, 2019
176
240
United States
Category........
FSW
Visa Office......
Calgary
NOC Code......
0124
AOR Received.
25-01-2019
Med's Done....
07-03-2019
Passport Req..
10-01-2020
VISA ISSUED...
14-01-2020
1. Yes exported car from US and imported to Canada and plated with Canadian.
2. No issues and i am using for 3 years. People who import temporarily are allowed for one year. If its permanent import then you can drive it for more than a year.
Main thing is that one should change the driver license and registration within few weeks to avoid issues because having different DL and plate creates confusion to border officials. Mainly if you move to Canada(doesnt matter if spouse is in US) then your license and your car should be Canadian within few weeks of moving to make the trip hassle free(almost).
Thank you so much for your response. Another quick question, did you ever face any issue from the US border agents while traveling to and fro from work? My husband has a valid US employment visa, and I was just concerned whether the US border agents create any hassle in case of daily travel. Thanks! :)
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
did you ever face any issue from the US border agents while traveling to and fro from work? My husband has a valid US employment visa, and I was just concerned whether the US border agents create any hassle in case of daily travel. Thanks! :)
You should elaborate on what kind of issues you are worried about being asked. I dont know how to answer as 1000z of people are crossing daily to work in US and many people's spouse is living across border hence US Canada stay for couple is not new.
I have been travelling for work for 3 years but my spouse is in Canada but should not make any difference for you. But it will make difference on what visa you are going to use for travelling to US:
What visa you will be using while travelling to US after moving to Canada?
 

mxg

Star Member
Jun 6, 2019
176
240
United States
Category........
FSW
Visa Office......
Calgary
NOC Code......
0124
AOR Received.
25-01-2019
Med's Done....
07-03-2019
Passport Req..
10-01-2020
VISA ISSUED...
14-01-2020
You should elaborate on what kind of issues you are worried about being asked. I dont know how to answer as 1000z of people are crossing daily to work in US and many people's spouse is living across border hence US Canada stay for couple is not new.
I have been travelling for work for 3 years but my spouse is in Canada but should not make any difference for you. But it will make difference on what visa you are going to use for travelling to US:
What visa you will be using while travelling to US after moving to Canada?
Sure, my spouse will be travelling to the US using a O1 visa (an employment visa for people with extra-ordinary ability in their field) and I would be using the dependent visa for the same. Although it is a multiple entry visa like H1B, my question was whether you ever faced any issue with the daily travel back and forth of the country or is it seamless. I do not really have a particular issue in my mind since I haven't experienced this situation yet. Appreciate your answers.
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Sure, my spouse will be travelling to the US using a O1 visa (an employment visa for people with extra-ordinary ability in their field) and I would be using the dependent visa for the same. Although it is a multiple entry visa like H1B, my question was whether you ever faced any issue with the daily travel back and forth of the country or is it seamless. I do not really have a particular issue in my mind since I haven't experienced this situation yet. Appreciate your answers.
After moving your residence to Canada, some officers trouble travelers to get B1(to avoid using dependent visa). So please check with your lawyer before making your move.
As there is no consulate issuing visas, it would take months before you can get any visa hence consult and decide before moving.
 
Z

zaq12wsxcde3

Guest
I am in a similar boat. I am looking to move to Vancouver and drive to US (Seattle) once a month.
My employer is completely okay with me working remotely. I am on a H1B Visa.

Will my travel to Seattle once a month for a day on H1B? Is there any minimum no. of days, I need to be inside the US to have H1B? I didn't see any such rule anywhere. Is there any restriction to cross border on H1B?
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
I am in a similar boat. I am looking to move to Vancouver and drive to US (Seattle) once a month.
My employer is completely okay with me working remotely. I am on a H1B Visa.

Will my travel to Seattle once a month for a day on H1B? Is there any minimum no. of days, I need to be inside the US to have H1B? I didn't see any such rule anywhere. Is there any restriction to cross border on H1B?
No minimum stay required in US. We dont stay unless its a vacation in US. So its not a problem. If you have valid visa then its not even required to travel monthly.
As long as border guys can verify employment and petition(if at all they want to verify randomly), its all fine. Verification doesnt happen to most travelers but including it so that you are not surprised if they ask for your supervisor(/HR)'s number.
 
Z

zaq12wsxcde3

Guest
Thanks for your response!
No minimum stay required in US. We dont stay unless its a vacation in US. So its not a problem. If you have valid visa then its not even required to travel monthly.
As long as border guys can verify employment and petition(if at all they want to verify randomly), its all fine. Verification doesnt happen to most travelers but including it so that you are not surprised if they ask for your supervisor(/HR)'s number.
Thanks for your reply!

Any suggestion on how to handle tax in this situation?
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016