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Working for US company in Canada

Dimhil

Star Member
Mar 12, 2017
68
2
Hi Guys,

I have a question,

I got my PR in 2017 and I am currently on H1B with my i140 approved.

Now it is time to make a move to Canada,
Due to COVID, I am currently working from home.
if my company agrees for full time work from home , can I work for US company from Canada.
What if I have to come to US once per month, will my H1B still work?
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Hi Guys,

I have a question,

I got my PR in 2017 and I am currently on H1B with my i140 approved.

Now it is time to make a move to Canada,
Due to COVID, I am currently working from home.
if my company agrees for full time work from home , can I work for US company from Canada.
What if I have to come to US once per month, will my H1B still work?
Just for clarity you became a PR in 2017 and only planning to move to Canada now so where are you with the 2 out 5 residency obligation. Only asking given your plan to travel to US monthly could become an issue if you are border line with the residency obligation
 

harirajmohan

VIP Member
Mar 3, 2015
6,149
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
I got my PR in 2017 and I am currently on H1B with my i140 approved.

Now it is time to make a move to Canada,
Due to COVID, I am currently working from home.
if my company agrees for full time work from home , can I work for US company from Canada.
What if I have to come to US once per month, will my H1B still work?
Yes you can work from Canada as many commuters visit monthly to maintain status.
It looks like you have not even asked your company on working from Canada. Delaying only will give you more headache on residency obligation.
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Hi Guys,

I have a question,

I got my PR in 2017 and I am currently on H1B with my i140 approved.

Now it is time to make a move to Canada,
Due to COVID, I am currently working from home.
if my company agrees for full time work from home , can I work for US company from Canada.
What if I have to come to US once per month, will my H1B still work?
Following the thread as I am in exact same situation and plan like yours.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
640
Just for clarity you became a PR in 2017 and only planning to move to Canada now so where are you with the 2 out 5 residency obligation. Only asking given your plan to travel to US monthly could become an issue if you are border line with the residency obligation
i suspect his need to travel to US would be bare minimum in next 2 years given all the remote work thing coming up.

Also, if someone flies/drives Monday morning and returns Tuesday night in a week, no days are lost. Doing this once or twice a month would be adequate for him to put a requisite attendance at work. if he returns on Wednesday night and do the same thing for every month, he would just need 24 buffer days on top for 730.
 

Dimhil

Star Member
Mar 12, 2017
68
2
Just for clarity you became a PR in 2017 and only planning to move to Canada now so where are you with the 2 out 5 residency obligation. Only asking given your plan to travel to US monthly could become an issue if you are border line with the residency obligation
Sorry my letter came in 2017 and I did the landing in 2018(1st Apr).
And i think during this period , I have visited Canada 3 time with total nights =20.
 

Dimhil

Star Member
Mar 12, 2017
68
2
Yes you can work from Canada as many commuters visit monthly to maintain status.
It looks like you have not even asked your company on working from Canada. Delaying only will give you more headache on residency obligation.
You are right, I was still thinking about whether to move or not.
Now I have made my mind to move.
Also, Is monthly travel is acceptable, I thought there are some criteria about residency in H1 B?
I might be totally wrong but just asking.
 

Dimhil

Star Member
Mar 12, 2017
68
2
i suspect his need to travel to US would be bare minimum in next 2 years given all the remote work thing coming up.

Also, if someone flies/drives Monday morning and returns Tuesday night in a week, no days are lost. Doing this once or twice a month would be adequate for him to put a requisite attendance at work. if he returns on Wednesday night and do the same thing for every month, he would just need 24 buffer days on top for 730.
Wow that is good to know, so just to be sure, how to came to 24 days, what if I travel alternative week, Monday (Morning) to Thursday(evening)?
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Come on Monday moring, Monday will be counted in Canada. Leave before 12 am Tuesday night, Tuesday will also be counted in Canada. No of days lost =0.
If you come on Monday and leave on Thursday (spending atleast even a few minutes in Canada each day), you will be losing Tuesday and Wednesday. No of days lost = 2. Alternative week, 2*2=4 days that you would have lost every month.
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Wow that is good to know, so just to be sure, how to came to 24 days, what if I travel alternative week, Monday (Morning) to Thursday(evening)?
By the way, I am in the same boat, looking at similar plans like you. Have you figured out which address to put in paychecks and what affect that will have on H1B? I am assuming you live far away from the border and hence planning in this manner instead of daily commute.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
You may have to plan on 14 days of quarantine everytime you go to the US. Depends on your family situation and whether that is possible. Who knows how long quarantine will last.
 
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Dimhil

Star Member
Mar 12, 2017
68
2
By the way, I am in the same boat, looking at similar plans like you. Have you figured out which address to put in paychecks and what affect that will have on H1B? I am assuming you live far away from the border and hence planning in this manner instead of the daily commute.
Nupp, just started this process, don't know what needs to be done, I am not sure how my H1B will work with this situation, I live far from the border and daily commute is not an option.
About the paycheck, whats the issue with that? I can still keep using my US bank accounts?
 

ustocanada49

Star Member
Jan 6, 2017
156
17
Nupp, just started this process, don't know what needs to be done, I am not sure how my H1B will work with this situation, I live far from the border and daily commute is not an option.
About the paycheck, whats the issue with that? I can still keep using my US bank accounts?
No, I meant to say from Tax perspective. In my experience, tax is calculated based on where you live but some Windsor- Detroit commuters here say they put Canada address in the paycheck and their Tax gets calculated as per Michigan state.

Also, another member here said that our address should be within commutable distance from office, as per H1 requirement. If we put Canadian addresses in paychecks, in our case, they will not me meeting this requirement.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Nupp, just started this process, don't know what needs to be done, I am not sure how my H1B will work with this situation, I live far from the border and daily commute is not an option.
About the paycheck, whats the issue with that? I can still keep using my US bank accounts?
Really depends on your employer and whether they are comfortable with you using a US address that you don’t live at. You need a US address for your H1B or you’ll need to set yourself up like you are consulting for your US employer from Canada.