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

rakakatoofaan

Star Member
Sep 8, 2014
123
21
I hope no one face this situation but what happens if someone gets sick and cannot commute for more than 30 days.
1. Your employer generates pay stubs but what happens for the h1b status, how does one maintain h1b status?
2. You are on contract and your employer does NOT generate pay stubs but what happens for the h1b status, how does one maintain h1b status?
Contracting is a tricky issue, not for commuting, but when just going for H1 renewals.
 
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rakakatoofaan

Star Member
Sep 8, 2014
123
21
Hi,
Thanks for creating thread and very helpful for new start. Am giving my softlanding May 2nd week in Windsor and planning to move end of the year permanently.

Couple of questions:
- Currently working in Indianapolis, My company might allow me to work from home and visit office two/three days in a month. Can i do this with no problem for Extension ? so when i come to indianapolis once/twice in a month will stay 2/3 days so my residency will not count in Canada right?.

Every night counts in Canada, as a day towards residency. However, when you are rooted in Canada, that's more of a Residency per say.
- Can you guys suggest me couple of apartments/communities to see while am giving softlanding with family ? Is there anything else should i consider?

Marda Management or kijiji.ca
- I have paid off my car loan, If i take my car to Canada when i move to permanently, after registering Canada plate, can i travel to usa when i come to office? Is this okay ?

Yes you can do that, a lot of people do that.

Sri
 

rakakatoofaan

Star Member
Sep 8, 2014
123
21
Didn't get you.. what if one doesn't have a US residence address to give to US employer? Giving friend's address is the only way? Is that way everyone commuting border daily do?
You may give your Canadian Address, no biggie. For tax purpose, in the US, you declare all income earned in the US, living out of state. Not a big process. A lot of office colleagues, do it. US and Canada have friendly tax treaty.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
You may give your Canadian Address, no biggie. For tax purpose, in the US, you declare all income earned in the US, living out of state. Not a big process. A lot of office colleagues, do it. US and Canada have friendly tax treaty.
What I'm saying is that it is not possible to give Canadian address there even if we want to.. only street name and zip have text box. Even there some employers have a system that tries to standardize street names. State is drop down that has only 50 US states only. They've kept things this way because it is linked to tax systems behind the scenes to calculate state taxes appropriately from someone's payroll.

It is impossible to put in Canadian address there. And if someone lives in Canada and gives a US address of friend, it amounts to faking residence. Not sure what repercussions if IRS finds this out.
 

amit.r

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Feb 23, 2017
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One round about way is not to update your Canadian address when you move. You can explain that system does not take new address and hence I could not update it. If you can show emails or requests raised with your employer for updating Canadian address that would help too..

Later when you file taxes, you get refund on US state taxes and you will have to pay Canada State Tax instead
 

DEEPCUR

Champion Member
Apr 12, 2016
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One round about way is not to update your Canadian address when you move. You can explain that system does not take new address and hence I could not update it. If you can show emails or requests raised with your employer for updating Canadian address that would help too..

Later when you file taxes, you get refund on US state taxes and you will have to pay Canada State Tax instead
Doesn't seem very convincing. Wish there was better way..
 

rakakatoofaan

Star Member
Sep 8, 2014
123
21
What I'm saying is that it is not possible to give Canadian address there even if we want to.. only street name and zip have text box. Even there some employers have a system that tries to standardize street names. State is drop down that has only 50 US states only. They've kept things this way because it is linked to tax systems behind the scenes to calculate state taxes appropriately from someone's payroll.

It is impossible to put in Canadian address there. And if someone lives in Canada and gives a US address of friend, it amounts to faking residence. Not sure what repercussions if IRS finds this out.
IMHO, I was able to put address of Canada, in my Company, located in Detroit. Talk with your HR and ask them to update the address, by means of overriding it.
 

sumit8383

Star Member
Apr 20, 2017
74
9
IMHO, I was able to put address of Canada, in my Company, located in Detroit. Talk with your HR and ask them to update the address, by means of overriding it.
Help me understand this please, updating the Canadian address is required primarily from taxation perspective? Can someone choose not to inform the HR or attorney and start the daily commute? would it have tax or legal repercussions especially while renewing H1?
 

rakakatoofaan

Star Member
Sep 8, 2014
123
21
Help me understand this please, updating the Canadian address is required primarily from taxation perspective? Can someone choose not to inform the HR or attorney and start the daily commute? would it have tax or legal repercussions especially while renewing H1?
For H1, yes, your attorney needs to be aware. My attorney takes special care of me in H1 renewals. Example, she said, since we cannot do renewals as you have to be in the country, they will make consular application, since I will live in Canada.
 

sumit8383

Star Member
Apr 20, 2017
74
9
For H1, yes, your attorney needs to be aware. My attorney takes special care of me in H1 renewals. Example, she said, since we cannot do renewals as you have to be in the country, they will make consular application, since I will live in Canada.
1) If one files for renewal before H1 expiry, why does one need to be in US for that?
2) And for some case if it is required to be in US, then with premium processing, one can choose to stay in US say for a month or so.

So with these, my question still remains if HR and attorney really need to know ?
 

DEEPCUR

Champion Member
Apr 12, 2016
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1) If one files for renewal before H1 expiry, why does one need to be in US for that?
2) And for some case if it is required to be in US, then with premium processing, one can choose to stay in US say for a month or so.

So with these, my question still remains if HR and attorney really need to know ?
If you maintain a residence in US and if you reside there on the day of filing, then you can go for extension of stay. No need for consular processing. If you don't have US residence, then it gets tricky and better to go for consular processing.
 
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sumit8383

Star Member
Apr 20, 2017
74
9
If you maintain a residence in US and if you reside there on the day of filing, then you can go for extension of stay. No need for consular processing. If you don't have US residence, then it gets tricky and better to go for consular processing.
Thank you. I do plan to maintain a US residence for at least 2 nights a week as I am on the west coast and that works out well for me. So i can plan to be in the US on the day of filing, that's a no biggie, so going back toi my original question, in that case do i need to inform anyone (HR or my manager or attorney)? I dont know a scenario, but i am trying to avoid a situation where my employer throws a wrinkle into my daily commute plan, hence trying to figure out if they need to know at all.