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

[canprofus]

Hello Experts,

I am currently on H1B and working in New York city. I also have a Canadian PR (Planning to do soft landing in next few months). I tried to find out jobs in Detroit but it looks like the job market is very small and has very few job openings for my intended positions. Buffalo - Niagara falls is even worse than Detroit, no luck for me. I have also explored toronto market but i will have to take deep salary cuts (~30% +) and it's not an option currently. I am thinking of following arrangement:

Current Employer:

Big bank based in NYC. Currently, i have mostly remote role. I only visit office when needed. My boss is located in California and my team is located across the US in different cities of east/ west coast.

Arrangement:

Work remotely from Canada preferably a Canadian town near Niagara Falls. Commute once a while (probably couple of days in a month or two) to NYC office.

Questions:

1. I will be in US only for couple of days in a month or two. So, my total days per year in US would be about 45-60 days per year. I have heard, i need to spend at least five months in US to maintain H1B is it true? Can the above arrangement work?
2. Should i rent a house near Canadian Border (US town) and for LCA file this address as a remote working location? I can then work in this remote location. Let me know if this is something doable?
3. Any other options to maintain my H1B and Canadian PR?

Thanks in advance!!

I'm not aware of any rule mandating five months stay in H1B. Please post source if you have for this. Also if you are going to travel only once or twice a month, I suggest not to have any border amendment. You can directly travel to your workplace by driving or taking flight. Having border town amendment will increase your liability from immigration perspective because if USCIS site visits happen when you are not present, there won't be any coverage for you to verify your employment. If it's your employer place, security or HR will be able to verify that you work in that place. Since you are not in US, you won't violate terms of H1 either

 

[mayple]

As far as i know, its not easy to maintain both PR and GC as you have to make only one country as primary residence and its waste of time and effort maintaining both. You need to give up one as its practically difficult and in many cases it will be problem proving at the border that you are intent to settle in that country(which one find trouble proving and might lose the status). Instead one should choose to stick to one and go with it.

If you have a GC you must stay in the US for a certain number of days (I believe its 6 months/180-183 days). Therefore, in order for you to maintain both GC and PR, you can keep US as your primary country and stay there, but take daily trips to Canada to capture your residency requirements. Ofcourse, you must cite a valid reason to the CBSA as to why you're entering the country, daily.

 

[mayple]

I'm not aware of any rule mandating five months stay in H1B. Please post source if you have for this. Also if you are going to travel only once or twice a month, I suggest not to have any border amendment. You can directly travel to your workplace by driving or taking flight. Having border town amendment will increase your liability from immigration perspective because if USCIS site visits happen when you are not present, there won't be any coverage for you to verify your employment. If it's your employer place, security or HR will be able to verify that you work in that place. Since you are not in US, you won't violate terms of H1 either

There is no requirement to be in the US for a minimum number of days to maintain H1b. As long as H1b is valid, you can enter and exit as you like with proper documentation up until the expiration date of your H1b visa.

 

[mayple]

Those who have commuted daily between US and Canada, what is the best way to manage driver's license and auto insurance? Do you import your US car and get local insurance, and change your license from US to Canadian?

Is there a way to keep both US license and US car (registration and insurance) whilst commuting back and forth daily?

 

[mayple]

Canadian side purchase:
Travel insurance for US trips which will be used for emergency medical.
Get dental and vision insurance if required. These are not covered in ON. Some US companies offer this as part of employment in US but not all companies.
Auto insurance from Canadian companies for the car.

US side purchase:
None.

can you please explain clearly?

 

[mayple]

Dont get insurance from US. Take travel insurance for US for emergency.

ON health tax varies based on income. Most probably your income would be high enough to reach up to 900 which is cheap for the whole family anyway while comparing to the cost in US which covers hardly 2 months. https://data.ontario.ca/dataset/ontario-health-premium-rates
From $72,600 to $200,000: $750.00
$200,600 and over: $900.00

Can you explain what you mean by " don't get insurance from the US" - which insurance? Why not?

Also, what are those figures you quoted above related to "up to 900"? I thought ON healthcare was free, so where is the premium coming into play?

 

[mayple]

Those who've been commuting from Canada to US for a while now, have you bought a property or are you all renting? Why would you rent and not buy a house if you're staying for as long as 3-4 years?

 

[harirajmohan]

If you have a GC you must stay in the US for a certain number of days (I believe its 6 months/180-183 days). Therefore, in order for you to maintain both GC and PR, you can keep US as your primary country and stay there, but take daily trips to Canada to capture your residency requirements.
1. Ofcourse, you must cite a valid reason to the CBSA as to why you're entering the country, daily.

1. Valid reason like what? Permanent residency means making your residency being setup as permanent which means that you can only make one country primary and other country as secondary. This is not like telling Canada as permanent country for 6 months and you go to Australia for 6 months which is logical and can lie about it on when you would make a full move. But here the problem is that both are neighboring countries and we can give excuse saying we haven't moved fully/permanently yet in both countries.

Only logical/valid reason would be the spouse/partner/child in other country. Not seeing easily/valid reason which will allow in both countries for 4-6 years. This looks like to me a near impossible task.
Just by writing foreign address(own citizenship address) as permanent address in I94 form got my friend in hot water(questioned by cbp on whether my friend wants to give up his gc). So i know for sure that cbp is strict but yet to know more about cbsa.

And i am talking about these issues even if its infrequent trips between 2 countries. If you plan daily then i would certainly say that its impossible.

Those who've been commuting from Canada to US for a while now, have you bought a property or are you all renting? Why would you rent and not buy a house if you're staying for as long as 3-4 years?

Good question. Dont make my mistake of renting. Buy it.

 

[harirajmohan]

Can you explain what you mean by " don't get insurance from the US" - which insurance? Why not?

Also, what are those figures you quoted above related to "up to 900"? I thought ON healthcare was free, so where is the premium coming into play?

Dont get health insurance instead just get emergency travel insurance(multi trip). You can get it if you are ready to pay monthly additionally which is unnecessary.
Its free till 20k income. Its based on your income(30k,40k etc) but its only 300$,400$ till 900$ per year at the max for a family. https://data.ontario.ca/dataset/ontario-health-premium-rates/resource/86a431d8-27be-435e-9126-f7d595490acf

Those who have commuted daily between US and Canada, what is the best way to manage driver's license and auto insurance? Do you import your US car and get local insurance, and change your license from US to Canadian?

Is there a way to keep both US license and US car (registration and insurance) whilst commuting back and forth daily?

Import the car. Do any modification such as daytime running lights.
Parallely get the driver license changed. it will be needed to get auto insurance for the car.
Register the car.

 

[mayple]

Dont get health insurance instead just get emergency travel insurance(multi trip). You can get it if you are ready to pay monthly additionally which is unnecessary.
Its free till 20k income. Its based on your income(30k,40k etc) but its only 300$,400$ till 900$ per year at the max for a family. https://data.ontario.ca/dataset/ontario-health-premium-rates/resource/86a431d8-27be-435e-9126-f7d595490acf
So its really a matter of whether or not you'd want to pay for US health insurance, it seems. I suppose it depends on your medical needs, and the quality of healthcare. Not sure if you're living in a city like Windsor/Buffalo if you're able to have access to any decent medical professionals, compared with what you may find in the US.

Import the car. Do any modification such as daytime running lights.
Parallely get the driver license changed. it will be needed to get auto insurance for the car.
Register the car.

Right, thats the regular process of importing your vehicle, but are you able to keep US insurance/driver license by any means if you're living in Canada? I guess, what if you're not neccessarily living in Canada as a matter of 'residency'. If you're in a border town, you could always visit Canada for ANY reason being a permanent resident (daily). And as long as you're physically in Canada, you're counting the day towards your residency. I don't think CBSA can say NO to your entry daily in Canada no matter your reason for entry.

 

[harirajmohan]

Right, thats the regular process of importing your vehicle, but are you able to keep US insurance/driver license by any means if you're living in Canada? I guess, what if you're not neccessarily living in Canada as a matter of 'residency'. If you're in a border town, you could always visit Canada for ANY reason being a permanent resident (daily). And as long as you're physically in Canada, you're counting the day towards your residency. I don't think CBSA can say NO to your entry daily in Canada no matter your reason for entry.

US health insurance:
I am not sure what you are trying to do but if you move to Canada then its not worth the money to pay in US. Of course you can have US insurance as its you paying the money hence you can very well have coverage in US and Canada doesnt care about it.
But If you are not moving and not a primary residence then there is not question on all of these Canadian related stuff.

US driver license:
Same as above. But you can only keep one license but even if we want to keep both but not seeing much of benefit as both licenses are allowed to drive in non-resident country while being resident of one of these countries hence having both is not required. Not sure why the necessity even if you plan to stay in US as primary home.

Canadian PR residency:
I agree that your partial day counts as full day but it seems that you think of doing it for few times/weeks but you would be questioned on intention to return on same day by doing this for multiple weeks/months.

CBSA can strip you from PR if they can find you having primary residency in US and just visiting Canada for the sake of residency. Having US license and residence in US for months and your short visits will prove that US is your primary home which is enough to report you to the court for terminating PR. PR is for making that country a primary home which should be the intent of PR which is part of the residency definition. Our understanding of obligation is just on the days count which comes after you meet the definition of PR. CBSA guys are not just guards - They are the ones issue you the legal status every time you enter hence they have same level of authority to remove you from Canadian legal status - dont just underestimate while being a foreigner. Just because of being PR, they usually report to the court rather than denying at the border itself - not much difference than any other visa holder.

Even after moving, we are being questioned too many times by both officers for having US plates. And what you are trying is not possible as per my understanding of border commute.

But of course i dont want to discourage you by my understanding hence please give it a try in your way.

 

[mayple]

CBSA can strip you from PR if they can find you having primary residency in US and just visiting Canada for the sake of residency. Having US license and residence in US for months and your short visits will prove that US is your primary home which is enough to report you to the court for terminating PR. PR is for making that country a primary home which should be the intent of PR which is part of the residency definition. Our understanding of obligation is just on the days count which comes after you meet the definition of PR. CBSA guys are not just guards - They are the ones issue you the legal status every time you enter hence they have same level of authority to remove you from Canadian legal status - dont just underestimate while being a foreigner. Just because of being PR, they usually report to the court rather than denying at the border itself - not much difference than any other visa holder.

I guess that makes sense if the intent is to make Canada home. I was purely thinking from a point of commute i.e. those on H1b (not GC) in the US, they continue to live and work in the US, and instead commute to Canada daily for the purposes of ensuring the minimum number of days are met, without actually having to make all the changes - change DL/insurance - auto and health/taxation etc. But I guess your point stands, that when seeking extension of PR, they may question. The reason I'd prefer to keep US license/insurance etc. is because it appears more easier to maintain and use versus Canada where things appear a little more complicated (and expensive), but perhaps I'm wrong - I've read your old posts, and seems like it works fine. So thanks for the insight.

Are folks who've moved to Canada border towns not buying houses in Canada? If you're staying there for 3-4 years, would you rather rent or buy?

 

[harirajmohan]

I guess that makes sense if the intent is to make Canada home. I was purely thinking from a point of commute i.e. those on H1b (not GC) in the US, they continue to live and work in the US, and instead commute to Canada daily for the purposes of ensuring the minimum number of days are met, without actually having to make all the changes - change DL/insurance - auto and health/taxation etc. But I guess your point stands, that when seeking extension of PR, they may question. The reason I'd prefer to keep US license/insurance etc. is because it appears more easier to maintain and use versus Canada where things appear a little more complicated (and expensive), but perhaps I'm wrong - I've read your old posts, and seems like it works fine. So thanks for the insight.

Are folks who've moved to Canada border towns not buying houses in Canada? If you're staying there for 3-4 years, would you rather rent or buy?

ya i should have bought the house. it loss to rent it for 4 years.

 

[mayple]

ya i should have bought the house. it loss to rent it for 4 years.

I suppose the biggest challenge is the investment layout (downpayment and other closing costs). The cost of ownership is probably higher than paying the rent over 4 year term. And if the plan is to ultimately live in US then it probably makes little sense to purchase a house in Canada. Re-selling house also involves costs so perhaps its a right decision to rent.

 

[harirajmohan]

I suppose the biggest challenge is the investment layout (downpayment and other closing costs). The cost of ownership is probably higher than paying the rent over 4 year term. And if the plan is to ultimately live in US then it probably makes little sense to purchase a house in Canada. Re-selling house also involves costs so perhaps its a right decision to rent.

30%+ home price increased from 2017. So 100k to 150k is not small amount and mostly it increases in Canada unless we get a recession like 2008(which wont happen again 99%). So not seeing that renting is good option for 4 years. Even if home price doesnt increase, we can sell it for same price which will be saving of rental money or at the worst, we will sell it for 50k less which is same as we would have spent it in renting.

Renting is 100% loss which doesnt have any chance to gain.
Buying has 70% chance of gaining.

Yes, buying a property of half million will not be worth for sure. Downpayment and closing costs matters less for the investment for 4 year term. For any investment we have to put money(which is downpayment and closing costs). No investment = No gain.