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Working remotely from Canada in US company as Canadian PR

Discussion in 'H-1B Holders in the U.S.' started by frazman007, May 3, 2018.

  1. 1. First, understand that you dont need any visa to be working from Canada. All small/new/crooked companies/HR team think some sort of different way to deal with problems. As candidate has ssn/itin, they can just pay the money after deducting taxes but their assumption is that they need work authorization. There are multi national big companies pay many executives in USD while they sit outside - as they are outside, the companies dont process any work authorization without any requirement.
    Second, only if your company wants you to be visiting frequently for work then you need work visas such as H or L or xyz.
    Third, Tax obligation is nothing to do with status. One has to pay taxes irrelevant of candidate held/holding any authorization or not.
    2. H or L are meant for work to be performed in US. Some use it to work there completely but some use it to work partially there.
    But some go up to the extend of purely maintaining status by entering once in a month(using the technicality of maintaining status if one enters every 30 days).
    3. I think that its not there. You can start one.
    APPNOV2014NY likes this.
  2. Hi everyone, hope to explain my situation and get some genuine answers on the same!!
    I am a Canadian pr and have recently incorporated myself with a company name which is having headquarters in California. My friend is the owner and he wanted me to open a branch in Canada as well. So now, if I want to work in the US on b1, is that possible? Has anyone here or around you faced similar situation? If you can help with some accountant or legal contact to discuss the same, it will be very helpful.
    Thanks a lot
  3. You cannot work on B2 visa, period.
  4. I was talking about b1, dear.
  5. you cannot work on b1 or b2 dear. And no one will issue you a work visa for this fishy situation.
  6. People from India use to get 3 months earlier but due to abuse of B1 and too many visa rejection, nowadays they get 3-4 weeks. People are not allowed to work but still people travel by giving the reason as training and meetings. But not sure if you would get 3 weeks for every trip from Canada - it depends on how many times you travel. Mentioning work on B1 will get your denied.
    My neighbour travels sometimes weekly one day on B1, not creating any issue. He holds Canadian citizenship.
    My previous company VP travels monthly from India, but he was grilled once for hours for coming frequently.

    So its all based on case to case. Check with lawyer before travelling heavily on B1.
  7. Thanks everyone for your time and trying to resolve my query. Highly appreciated!
    Can anyone explain the same situation on L1 visa? Any recommendations on companies allowing L1 are also welcomed.
  8. Hi
    I'm living in Canada on PR and working remotely for US employer. I travel once a month for a week. Its like 4-5 weeks in Canada and 1 week in US. I started doing this in Feb 2019. So Its been 4 months and 4 travels to US.
    So far, I've been saying the border immigration that I live in US and was visiting my family in Canada. I stayed here for 4 weeks. And everything went fine but last time, I said I live in Canada and the officer started cross questioning.
    like where will you stay in US? Why are travelling on H1B? How often do you travel?

    How should I handle such questions at the border?
    I don't have my own accommodation in US. So either stay at my friend's place or book a hotel.
  9. #114 harirajmohan, Jul 11, 2019 at 5:57 PM
    Last edited: Jul 11, 2019
    Why are you lying to the border guys?
    We most here are on H1 and living in Canada and travelling daily and we just say that we live in Canada. Period. And we say that we go to work at so and so place and so and so company. Thats all it needs to be addressed with. We dont have any accommodation arranged for the sake of holding H1 status.

    Isnt it logical that one spend more time in the place where they stay? I dont get on why you would say that you live in US when you are not living.
    There is no legal requirement to stay in US to work in US or to hold work permit in US.

    What is your actual issue or scenario you are worried about which makes you tell that you live in US?
    Many travel once a month, even for a day some people, facing no issue because they tell that they live in Canada. Did you assume that one should live in US to hold H1? All you need is the recent letter or your current US payslips to get through smoothly at the border if at all they ask on "do you really work for your employer due to the fact that you travel infrequently"

    FYI - Lying to them will get you deported and might even get banned entry for year(s).
    Many offshore guys travel once in few months with the same H1 and they work on same project at offshore. They just carry a letter to confirm that they have employment for the company they travel for.
  10. Hi everyone,

    I am currently working in New York for US-based employer (they don't have any branch in Canada). I recently got PR approval and planning to permanently move to Canada on October 1 this year. I will do PR landing interview and also planning to get my first H1b stamping done (hoping to get H1b approval soon, currently got RFE).

    1. I am planning to travel monthly to the US and be in the office for 2 days each month or 2 days in two months. I went through this thread and seems like people travel often between U.S-Canada.

    I am going to talk with my employer's attorney as soon as RFE gets cleared but needed some guidance from you all to suggest options in case he doesn't know any workarounds for my frequent travel case on H1B.

    2. As I mentioned about my H1B RFE, I am sort of considering a case where if I do not get approval by October 1, I would be out of status in the US and can't work anymore. If there is another RFE or denial on H1B petition, I can't work either in the US. Although, my employer might give me the approval to work from Canada remotely. As a Canada PR holder, how can I work for a US employer if I don't have H1B anymore?

    Sorry for the long post and will appreciate everyone's inputs, thank you!
  11. You can set yourself up as an independent contractor (various ways to do this) working in Canada but hired by the US company.
  12. Thank you for your input, I will research more on this option. Do you know if the salary can be paid in USD?
  13. Lying gets people into trouble. Clearly they have caught onto your regular travel to the US and probable realize you are working in the US. As long as you are declaring that you are living in Canada permanently to everyone including your US employer it should do be fine but unless you come clean with CBSA you are going to dig yourself into a deeper hole.
  14. Hello Everyone,

    This might be an old question but just wanted to make sure I understand it. I just got my PR and planning to move to Canada. But, I would like to still work for my US Firm remotely and as a result the Firm is going to pay me in USD. Does this raise any complications? Should I be paying taxes both for US and Canada?

  15. No issues in receiving salary in USD. You need to pay tax in the country you work and in the country you live.

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