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

abdmuq11

Newbie
Jul 27, 2023
9
0
That's Fantastic!
I tried that option with my financing company they didnt agree to this option!
Maybe if you can share the name of financing company I can re-finance my vehicle and try to work with them!

Could i get your email id to discuss your process> i am in a similar boat
 

palak.pandya

Star Member
Sep 24, 2014
76
49
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?
1. Yes, you can do that. Your company will have to file your H1b using your coworking address as work location.
2. You cannot use a canadian address as a working location for H1b i797.
3. I have been doing this for last 5 years and since covid. I am commuting twice a month. No issues so far.
4. Questions are quite standard. Which company, what do you do etc. Also, if you have nexus, and once you do this more frequently, the questions are much lesser.
5. I do Niagara-Buffalo. Definitely car is a better option, not a public transport. I think that applies to all borders.
6.That's okay
7. No effect.
 
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Aug 5, 2023
12
0
Hi. My employer is fine with me commuting from Windsor to Detroit but wants me to maintain some kind of residence in Detroit for payroll purposes. They don't want a business address but a residential address. Anybody here dealing with a similar situation? What did you do?

Can anybody recommend any leads or any cheap housing options in detroit?
 

siddix16

Full Member
May 5, 2020
20
5
Hello All,

For PR card renewal, what are the proof of residency obligation we need to submit? I understand there is a list given on the IRCC site but is there anything special that regular cross border commuters need to show. Thank you.
 

adi92

Star Member
Jul 19, 2018
129
19
Hi folks,

Question. If I get a TN Visa from a detroit based employer. Once my TN is approved, can I live in Canada and commute to Michigan once a week. Does TN require you to stay in the U.S. or can you live in Windsor or even GTA where I currently live. Since the U.S. employer doesnt have a Canadian office, they are suggesting a TN visa, and commute twice every 1-2 weeks. Will this work? Or once TN is approved do you have to live in the U.S.?
 

swan0206

Champion Member
May 14, 2019
1,172
227
Hi folks,

Question. If I get a TN Visa from a detroit based employer. Once my TN is approved, can I live in Canada and commute to Michigan once a week. Does TN require you to stay in the U.S. or can you live in Windsor or even GTA where I currently live. Since the U.S. employer doesnt have a Canadian office, they are suggesting a TN visa, and commute twice every 1-2 weeks. Will this work? Or once TN is approved do you have to live in the U.S.?
I am pretty sure you can do this. I know of an acquaintance doing this weekly.
 
Mar 10, 2021
15
2
Hello Members,

I have a canadian PR for six months. I need to live in Canada for 1.5 years in order to eligible for Citizenship. Meanwhile I got an H1B job , which is fully remote. Can you guys suggest what is the best way to work on H1B while maintaing residence status in Canada.
 

Takita

Hero Member
May 12, 2021
443
107
Hello Members,

I have a canadian PR for six months. I need to live in Canada for 1.5 years in order to eligible for Citizenship. Meanwhile I got an H1B job , which is fully remote. Can you guys suggest what is the best way to work on H1B while maintaing residence status in Canada.
ditto.

following..
 

matrivg2507

Member
Oct 31, 2021
10
2
Hello Everyone, I am planning to start travelling across US Canada border soon to start accruing days to maintain my Canadian PR status. I will work and reside in the US on H-1B in weekdays and come back to Canada on the weekend. Have a few questions to clarify in this regard (please see below)

Q1: As of now, I am not planning to find an accommodation in Canada. Will manage to travel back and forth on the weekend (after spending a few hrs. in Canada) Or stay with one of my friends on the Canadian side. In this case, does my physical presence in Canada for x hrs./day (x<24 hrs.) can be counted as 1 day when I will be applying for my PR card renewal? Also, Is it mandatory to submit any Canadian address proof to meet the residency obligation?
Q2: I became a Canadian PR on Feb 25th, 2021 and the PR card expiration date is June 1st, 2026. To meet minimum residency obligation at the time of PR renewal, Do I need to show my 730 days physical presence in Canada within five (5) years of the date I became a permanent resident OR within the past five (5) years of my PR card expiration date?
Q3: Would I need to pay Canadian taxes as well for the year 2023 for any of the below scenarios?
Scenario 1: I have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?
Scenario 2: I don't have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?

Would be really helpful if you could please help clarifying above questions. Thanks in advance.
 
Last edited:

matrivg2507

Member
Oct 31, 2021
10
2
Hello Everyone, I am planning to start travelling across US Canada border soon to start accruing days to maintain my Canadian PR status. I will work and reside in the US on H-1B in weekdays and come back to Canada on the weekend. Have a few questions to clarify in this regard (please see below)

Q1: As of now, I am not planning to find an accommodation in Canada. Will manage to travel back and forth on the weekend (after spending a few hrs. in Canada) Or stay with one of my friends on the Canadian side. In this case, does my physical presence in Canada for x hrs./day (x<24 hrs.) can be counted as 1 day when I will be applying for my PR card renewal? Also, Is it mandatory to submit any Canadian address proof to meet the residency obligation?
Q2: I became a Canadian PR on Feb 25th, 2021 and the PR card expiration date is June 1st, 2026. To meet minimum residency obligation at the time of PR renewal, Do I need to show my 730 days physical presence in Canada within five (5) years of the date I became a permanent resident OR within the past five (5) years of my PR card expiration date?
Q3: Would I need to pay Canadian taxes as well for the year 2023 for any of the below scenarios?
Scenario 1: I have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?
Scenario 2: I don't have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?

Would be really helpful if you could please help clarifying above questions. Thanks in advance.
Hi Everyone, following up on my questions posted earlier. Would be great if someone can please answer. Thank you!
 

swan0206

Champion Member
May 14, 2019
1,172
227
Hello Everyone, I am planning to start travelling across US Canada border soon to start accruing days to maintain my Canadian PR status. I will work and reside in the US on H-1B in weekdays and come back to Canada on the weekend. Have a few questions to clarify in this regard (please see below)

Q1: As of now, I am not planning to find an accommodation in Canada. Will manage to travel back and forth on the weekend (after spending a few hrs. in Canada) Or stay with one of my friends on the Canadian side. In this case, does my physical presence in Canada for x hrs./day (x<24 hrs.) can be counted as 1 day when I will be applying for my PR card renewal? Also, Is it mandatory to submit any Canadian address proof to meet the residency obligation?
Q2: I became a Canadian PR on Feb 25th, 2021 and the PR card expiration date is June 1st, 2026. To meet minimum residency obligation at the time of PR renewal, Do I need to show my 730 days physical presence in Canada within five (5) years of the date I became a permanent resident OR within the past five (5) years of my PR card expiration date?
Q3: Would I need to pay Canadian taxes as well for the year 2023 for any of the below scenarios?
Scenario 1: I have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?
Scenario 2: I don't have a residence in Canada to stay over a weekend and working/residing in the US on H1B in weekdays?

Would be really helpful if you could please help clarifying above questions. Thanks in advance.
Even if you spend one hour on Canadian side its counted as One day. But being a resident of US you cannot perform this on a regular basis as you will be questioned at the borders on what you are trying to establish.

You are not qualified to apply for citizenship if you do not reside in Canada. You have to reside in canada, pay taxes and thats how you can be considered as a resident of Canada. You can better move to some border city like windsor/Detroit or Vancouver/seattle or Montreal/ny or montreal/vermont and travel to work.

Regarding taxes : https://www.canadavisa.com/canada-immigration-discussion-board/threads/canadian-citizens-living-in-canada-but-working-in-usa.511496/
 

Takita

Hero Member
May 12, 2021
443
107
Change your LCA to the border city and you can keep working. Try to travel to US once in a month or twice in a month. you should be good.
Does the same applies to US permanent remote/wfh job? Can Windsor residence address included in LCA? does travel across border once a month still required to keep H1 active?
 

swan0206

Champion Member
May 14, 2019
1,172
227
Does the same applies to US permanent remote/wfh job? Can Windsor residence address included in LCA? does travel across border once a month still required to keep H1 active?
It need not be. Your H1 is active irrespective of you travel or not as long as you have an approved visa but you would be questioned when you enter after an year or 2years for work related purposes. they suggest you move to B1/B2 instead of H1 as your work doesn't need your presence frequently. you cannot add a non-US address on LCA.
 
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