Windsor ON - Ohio weekly commute

[vinay2222]

Hi, I am a H1B visa holder with an Indian passport currently working full time in Cincinnati OH. We recently got our ITA and we are about to submit all our documents (My wife is the primary applicant). My company has a very flexible two days/week work from home policy. We are planning to settle in Windsor and I am plannig to travel every week (commute time - 4 hrs) Monday morning to Cincy and return back to Windsor Wednesday evening. I will be renting/sharing an apartment in Cincinnati. I will travel every alternate weeks during winters and spend all my vacation days in Canada. I currently have Global entry and will be appying for nexus. Please clarify my concerns below.

1. If I start Monday early morning from Windsor and return back to Windsor Wednesday evening, i will accumulate 6 days/week as physical presence in Canada. Physical presense in the US - 3 days/week. I can apply for Canadian citizenship in about 4 years.
2. I am going to have an Ohio address and I won't have any issues in terms of Taxes. I will still need to pay the remaining taxes in Canada. Will I be considered a resident accoring to the US for tax purposes and does it matter ?
3. What are some of the potential issues I can face while crossing International border both sides ? For people living in Windsor and working in Detroit, this should be easier as their residence and work location are closer.
4. Is this a red flag during h1b extensions ?

I understand there are risks in my approach and I would like to understand them before hand than being a surprise.

 

[harirajmohan]

Hi, I am a H1B visa holder with an Indian passport currently working full time in Cincinnati OH. We recently got our ITA and we are about to submit all our documents (My wife is the primary applicant). My company has a very flexible two days/week work from home policy. We are planning to settle in Windsor and I am plannig to travel every week (commute time - 4 hrs) Monday morning to Cincy and return back to Windsor Wednesday evening. I will be renting/sharing an apartment in Cincinnati. I will travel every alternate weeks during winters and spend all my vacation days in Canada. I currently have Global entry and will be appying for nexus. Please clarify my concerns below.

1. If I start Monday early morning from Windsor and return back to Windsor Wednesday evening, i will accumulate 6 days/week as physical presence in Canada. Physical presense in the US - 3 days/week. I can apply for Canadian citizenship in about 4 years.
2. I am going to have an Ohio address and I won't have any issues in terms of Taxes. I will still need to pay the remaining taxes in Canada. Will I be considered a resident accoring to the US for tax purposes and does it matter ?
3. What are some of the potential issues I can face while crossing International border both sides ? For people living in Windsor and working in Detroit, this should be easier as their residence and work location are closer.
4. Is this a red flag during h1b extensions ?

5. I understand there are risks in my approach and I would like to understand them before hand than being a surprise.

1. Yes, seems doable but with pain and determination for full 4 years will yield.
2. US taxes: Its not about you moved your primary location. its about residency days you accumulated in US(for tax purposes). So first 2 years possibly you are resident/partresident. 3-4 possible partresident as you would be spending few days a month in US. check the calculation - https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
3. Nothing. Just make sure you have documents in hand(what you had when you entered first time) every time you enter US. Not much. If cbp wants to verify then your HR/manager should know that you commute and should vouch on job existance in your work location.
4. No. Its as usual, not seeing anything of that sort for the few of my extensions. We file extension with the home address as Canada and no issues.
5. I dont know how you assumed that there are risks which i dont see as many are commuting and never faced any risk/surprise.

 

[garry.jones]

Hi, I am a H1B visa holder with an Indian passport currently working full time in Cincinnati OH. We recently got our ITA and we are about to submit all our documents (My wife is the primary applicant). My company has a very flexible two days/week work from home policy. We are planning to settle in Windsor and I am plannig to travel every week (commute time - 4 hrs) Monday morning to Cincy and return back to Windsor Wednesday evening. I will be renting/sharing an apartment in Cincinnati. I will travel every alternate weeks during winters and spend all my vacation days in Canada. I currently have Global entry and will be appying for nexus. Please clarify my concerns below.

1. If I start Monday early morning from Windsor and return back to Windsor Wednesday evening, i will accumulate 6 days/week as physical presence in Canada. Physical presense in the US - 3 days/week. I can apply for Canadian citizenship in about 4 years.
2. I am going to have an Ohio address and I won't have any issues in terms of Taxes. I will still need to pay the remaining taxes in Canada. Will I be considered a resident accoring to the US for tax purposes and does it matter ?
3. What are some of the potential issues I can face while crossing International border both sides ? For people living in Windsor and working in Detroit, this should be easier as their residence and work location are closer.
4. Is this a red flag during h1b extensions ?

I understand there are risks in my approach and I would like to understand them before hand than being a surprise.

Why do you say that there are no tax issues? The tax that you pay in Ohio, will you get any tax credit in Canada for that?

 

[Dattateja]

Hi Vinay,

Have you been commuting from Windsor to Cincinnati like you have mentioned above. I am also planning to do the same from Dayton Ohio on same days, looking for some info.
Thanks,
Datta.

 

[vinay2222]

Hi Vinay,

Have you been commuting from Windsor to Cincinnati like you have mentioned above. I am also planning to do the same from Dayton Ohio on same days, looking for some info.
Thanks,
Datta.

Datta,
I have not started my commute. I am still waiting for my PPR.

 

[Dattateja]

Hi Vinay,

Thanks for quick reply. If you don't mind is there an email address which I can you use to stay in touch with you or you can email me on dt051792@mail.com

Thanks,
Datta.

 

[akram_h]

Hello Vinay and Datta,

I wanted to reach out regarding similar situation. Did any of you start this commute from Ohio to Canada, and been doing it succesfully? I received my COPR recently and would like to start the commute in the next few months. I would appreciate some guidance on few questions I have on this. Thank you.