Renewal of H1-B for Canadian PR?

[dphotawala]

I am expecting to receive a Canadian PR anytime soon (4 months since AOR). That said, I plan to move to Canada while continuing my employment with a Texas based company. The plan is for my employer to let me work remotely from Canada; however pay me via my H1-B status in United States.

Now given that I am on my 5th year of H1-B (started Oct 2014), what are my option of renewing H1-B later down the road? Few articles that I read mentions about getting credit for days spent outside United States while having H1-B status (during the initial 6 years). Fyi, I had an approved I-140 status with my previous employer; my current employer is planning to start over the same process sometime in 2020.

Please help with your expertise/experience.

 

[Takentaken421]

The plan is for my employer to let me work remotely from Canada; however pay me via my H1-B status in United States.

What do you mean by this? If you are working outside of US, what address will your employer mention in LCA and H1 petition? How are they going to e-verify through I-9?

 

[dphotawala]

What do you mean by this? If you are working outside of US, what address will your employer mention in LCA and H1 petition? How are they going to e-verify through I-9?

There is two separate equation in my question. (1) My ability to work remotely on the current H1-B visa (2) My ability to renew my H1-B visa two years from today.

Based off my research, H1-B visa is a mandatory requirement for working in United States - This includes trips taken outside United States as part of job duties. That said, my employer and myself are claiming my stay in Canada as part of my work travel requirement; I will be maintaining my primary residence in state of Texas. And since I have a valid H1-B visa, I am allowed to be paid in my US bank account for next two years. All in all, I should be covered with this portion. Let me know if otherwise.

This brings me to the second equation (main purpose of the thread). The immigration law states that I am allowed a maximum of 6 years on my H1-B visa (with few exception); however, the number of days not spent on US soil do not count towards those 6 years. This one statement is quite confusing - When they say "days not spent on US soil", are they trying to eliminate vacation days that people take to visit their home country (etc) or are they trying to eliminate any days (regardless of the situation)?

Fyi, I have a legit employer in United States that has already sponsored my current H1-B; meaning, I have nothing to worry about I-9 or LCA in future

 

[Samoinp]

There is two separate equation in my question. (1) My ability to work remotely on the current H1-B visa (2) My ability to renew my H1-B visa two years from today.

Based off my research, H1-B visa is a mandatory requirement for working in United States - This includes trips taken outside United States as part of job duties. That said, my employer and myself are claiming my stay in Canada as part of my work travel requirement; I will be maintaining my primary residence in state of Texas. And since I have a valid H1-B visa, I am allowed to be paid in my US bank account for next two years. All in all, I should be covered with this portion. Let me know if otherwise.

This brings me to the second equation (main purpose of the thread). The immigration law states that I am allowed a maximum of 6 years on my H1-B visa (with few exception); however, the number of days not spent on US soil do not count towards those 6 years. This one statement is quite confusing - When they say "days not spent on US soil", are they trying to eliminate vacation days that people take to visit their home country (etc) or are they trying to eliminate any days (regardless of the situation)?

Fyi, I have a legit employer in United States that has already sponsored my current H1-B; meaning, I have nothing to worry about I-9 or LCA in future

You should be talking to the lawyer arranged by your employer.

 

[lampbreaker]

Per US immigration law, once you leave the US you are no longer in any status. You can work for any employer or not work. It makes no difference. The employer can maintain the H1B petition, extend it or another employer can also file for you (transfer) but all that is for US employment. The time spent outside US is not counted towards the 6 year limit.

Per Canadian tax law, if you are working in Canada, your employer must withhold Canadian taxes and you must file a Canadian return. This is where you plan breaks down. There will be lot of complications involved. You and your employer should consult with a knowledgeable tax consultant.

 

[APPNOV2014NY]

Per Canadian tax law, if you are working in Canada, your employer must withhold Canadian taxes and you must file a Canadian return.

This is applicable only for Canadian employer. For non-Canadian employers ( US employer in this case) there is no requirement to withhold Canadian taxes. It would be the responsibility of employee to calculate and pay taxes to Canadian govt.

 

[lampbreaker]

This is applicable only for Canadian employer. For non-Canadian employers ( US employer in this case) there is no requirement to withhold Canadian taxes. It would be the responsibility of employee to calculate and pay taxes to Canadian govt.

Yes, either way there will be tax implications.