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maintaining PR while working in USA

M

mynenianupama

Member
May 13, 2018
10
0
Hi,
Recently I landed in Canada, after being out of Canada for 3 years.Now, from this month I have exactly
2 years left to retain my PR.
I also have H1B visa (visa expired in september 2017) valid from Oct 2014 - Sept 2017
I only used 6 months out of 3 years) so I have two and half years left with cap exemption
========================================
From the link
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4
"
Time spent outside Canada may also count towards the two years if you are:

  • travelling with your spouse or partner who is a Canadian citizen,
  • a dependent child travelling with his or her father or mother who is a Canadian citizen,
  • an employee of (or under contract to) a Canadian business."
-.........

an employee of (or under contract to) the public service of Canada or a province and you are on a full-time assignment to:
  • a position outside Canada,
  • a partner business outside Canada, or
  • a client of the Canadian business or the public service outside Canada

================================================================

My questions are

1) am I eligible to work in USA with remaining H1B time, through a Canada company ? while maintaining the PR residency obligation? (i am sure i can work in this manner if some one transfer my H1B)
2)what if at the end of 2 years, if the CIC not accept this kind of physical presence ? how they really decide the canada company ? also name few canadian companies who can provide this kind of employment?
3) the reason I want to work in USA(Texas,California ) is more pay and escape from cold weather in canada
any body having sample letter which was accepted by CIC as a physical presence for this kind of employment out side canada
4) in this case do i need to pay taxes in both USA and Canada ?


Thank you
 
B

Buletruck

VIP Member
May 18, 2015
6,686
2,531
  1. Pretty sure you need an American company to employ you to use the H1-B, so there might be a few gaps in your plan. That would immediately eliminate your opportunity to claim employment with a Canadian company subsidiary in the US.
  2. If your employment outside of Canada didn’t meet the criteria, you would fail to meet RO and the process to revoke your PR would start.
  3. Then you should just apply for permenent residency in the US. Unlikely the climate in Canada will change significantly.
  4. You really only pay taxes in one country. You may have to file in both and might have to “make up” differences between US and Canadian taxes. Consult a good accountant.
 
Last edited:
M

mynenianupama

Member
May 13, 2018
10
0
Buletruck said:
  1. Pretty sure you need an American company to employ you to use the H1-B, so there might be a few gaps in your plan. That would immediately eliminate your opportunity to claim employment with a Canadian company subsidiary in the US.
  2. If your employment outside of Canada didn’t meet the criteria, you would fail to meet RO and the process to revoke your PR would start.
  3. Then you should just apply for permenent residency in the US. Unlikely the climate in Canada will change significantly.
  4. You really only pay taxes in one country. You may have to file in both and might have to “make up” differences between US and Canadian taxes. Consult a good accountant.
Click to expand...
Hi Bluetruck, thank you for your reply
as per point 1) I want to use my H1B with a canadian company,not American company
Anybody gone through this kind of employment with a success to renew their PR?
 
B

Buletruck

VIP Member
May 18, 2015
6,686
2,531
The point being, H1-B visas are for American companies to employ foreign specialty workers. I doubt a Canadian company with a US subsidiary can use the H1-B. They would either need an L-1 (intra company transfer) or a NAFTA exemption (only good for Canadian or Mexican citizens). You would also likely need to be employed by the Canadian company for 1year in the past 3 years to qualify for an L-1
 
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C

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Not really the purpose of having people immigrate but yes you are always free to seek employment where you want it's not a prison.
 
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