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Working remotely with an H1B visa

Discussion in 'H-1B Holders in the U.S.' started by Natasha011988, Feb 6, 2018.

  1. Need urgent help -
    I am currently employed by Infosys, an India based company and have been working for the last 5 years in the US on an H1B. I received my PR a couple of months ago and my company has agreed that I can work for sometime remotely from Canada.

    I have a few questions regarding this
    --> Do I have to be employed by Infosys Canada or can I stay as an employee of Infosys India
    --> Can I work remotely and get paid in USD or do I need to have them pay me in CAD
    --> What are the things I need to take care of in such a situation (Heard about paying tax in both t
     
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  3. I think you can ask Infosys to move you to their Canada office. The main question is, are they fine with allowing you to work from Canada office for the same client or are you joining a new project/client?

    I am not sure if Infosys will allow you to receive pay in USD. Did you check with your HR? I think they might just give you pay in CAD which will be better.
     
  4. 1. To be present in Canada as a PR, there is no condition where your employment or salary is. You just have to file your taxes from the country you earn and then file it in Canada (not sure if India tax can be claimed which you can research. I know that US taxes can be shown in Canadian returns as taxes paid).
    2. Like #1, you can earn in any currency.
    3. Already explained in #1.
     

  5. Ask about immigration not about terms of your employment. Your employer may pay you in Indian currency but that has nothing to do with your PR or it’s obligations.
     
  6. I have friends who have worked on H1B being a PR of Canada.
     
  7. I am in similar position and working remotely since Aug last year. However I am not aware of this dependency on T4 and ROE for filing taxes .. can someone please provide more details related to this
     
  8. I am in same situation, but I stopped working from May 2018. I was on h1-B working remotely for 6 months, now I got a letter from my canadian bank to confirm if I dont have any taxable income in US.
    Should I pay the complete taxes in US and get credit for staying in Canada and file returns here too? This is tricky as H1B means we should be in US, and state tax will also be deducted. how can it be claimed, saying you are not residing there?

    Any suggestions or advice appreciated.
     
  9. Hi all
    I am working in US on H1-B, I got my Canada PR and now I am planning to move to Canada for good. My employer is ok with me working from Canada all remotely. I want to know is this doable? My employer does not have an office in Canada. I don't really care about my H1-B status. Would it be possible for my employer to keep me as a full time employee? Would there by any change at all on employer side, I understand that I would have to file taxes both for US and Canada but other than that is there any thing else I should be looking out for? Lastly, would I be getting paycheck in my Canada bank account or I would have to maintain my US bank accounts?
    I have seen similar posts on this and other forums but I couldn't get a clear answer, I would be grateful if anyone can guide me here please.

    Thanks
     
  10. As far as I know

    1. You can work from Canada as long as you hold valid H1B
    2. You will get paid in USD if you are employed in US. Employer has lot of work to do if you are to be paid in CAD like registering in Canada, file taxes, etc. It’s easier to get paid in USD due to all this
    3. You will file state tax in Canada for duration of your stay in Canada. You don’t need to file Federal taxes for this duration. For duration of your stay in US you will file both State and Federal taxes there

    Always better to check with attorney of your firm to confirm the above. ( please also post in case he has different opin
     
  11. I have a few questions regarding this
    --> Do I have to be employed by Infosys Canada or can I stay as an employee of Infosys India: You must get transferred or employed by Infosys Canada.
    --> Can I work remotely and get paid in USD or do I need to have them pay me in CAD You could work remotely and get paid in the USD, but remember this, you are on H1B and you are getting paid based on the location mentioned in your LCA. I strongly recommend you check with your employer on this - Will this affect your existing LCA and pay? What will happen if there is an onsite verification from USCIS at your work location mentioned in the LCA? How long can you travel and work remotely when on H1B? Will your location in your employer's internal system be changed to indicate that you are in Canada, even when on H1B? This could become an issue if you are asked to travel to client location in future - since as per the system you havent moved.
    --> What are the things I need to take care of in such a situation (Heard about paying tax in both) Taxes: You will be paying the federal taxes in the USA and then providing the proof (W2 and the tax summary from US) to CRA (Canada Revenue) showing that you have paid the federal taxes in US already, which will exempt you for an equivalent amount for Canada federal taxes. You will still need to pay provincial taxes as you are living in that province. Now for your state tax in the US, not sure if you will be able to reclaim it. You will need to check with the US tax consultant.

    I have been through similar situation and I am now employed with Canada division of the company, continuing to work remotely for the client in US.
    The most recommended and best option is to ask your employer to move you to their Canada division.
     
  12. #12 DEEPCUR, Jul 10, 2018 at 1:43 PM
    Last edited: Jul 10, 2018
    For point 2, I believe LCA comes in to picture only when someone is in H1b status. H1b status takes effect only if you physically enter US with a H1b visa. I don't think USCIS can do anything if they come on a site visit and the employer says the person is still employed in that site, but out of country at that time. It would definitely be a problem if someone is working from a different place within US, but not sure if applicable out of country when one isn't not in H1b status at all. USCIS does have access to entry and exit records of CBP from which they can see what is person's latest i94, and when someone has exited US.
     
    yodheydhara likes this.
  13. I’m in a similar position as you’re, but slightly different.

    About me:
    - Living in US, H1b, i140 approved
    - Sales, remote Full time job
    - My employer doesn’t have a branch in Canada and they may not be supportive of keeping one bcz of legal and tax administrative work ( I don’t know how complex it can be)

    Options I can evaluate:
    - Work as a contract employee for current US employer through 3rd party payroll (vendor) in Canada:
    a. vendor gets paid in USD, but the equivalent will be paid to me in CAD
    b. Run payroll directly in USD

    I don’t know for sure either of these options are possible, so any help is appreciated.

    - Can the vendor job offer contract with my US employer be considered for CRS as additional points with a job offer?

    - The fact that I still work for my US employer, but as a contractor can help me convince them not to withdraw my GC petition.
    - I work remote all the time, but has to travel to customer locations for a day or two or other office locations for training or company meetings on a need basis.
    -Question: To keep it business as usual do I need to get a B1 visa from my US employer? Should the Vendor do it or US employer do it?
    -Question: Does anyone happens to work with a good vendor based out of Canada taking care of payroll and administrative work I can look at?

    - Don’t know when the GC process will move ahead, but if it becomes current in future, my plan is to use my cap exempt H1b ( I will have 3 more years left out of 6) to come to US and wait till the GC is approved. Pre-requisites:
    a. Get a Canadian Citizenship by then
    b. Don’t run out of H1b 6 yr limit ( 6 yr limit is counted only if I have worked for a US employer using that H1b for a max of 6 yrs, but doesn’t mean 6 yrs from the time I received my H1b) as it is one of the safest options to keep hopes of getting US green card. TN visa and other ways are always challenging with the immigration intent taken into account.

    -Question: Has anyone experienced it and doing it successfully
     
  14. Keeping the payroll in US or Canada as contractor and switching to business visa might be better option for you. There is a company that runs Canadian payroll for people like this who move from US. They'll deal all paperwork and legal aspects of your move and take 2 or 3% from your payroll as service charge. You can complete everything online with them. I forgot the name.. Google and check.

    I believe your H1 petition would list only your employer's or your home address.. remember when you fly to different US cities from Canada, you might be entering through different port of entries and it would be totally different and far from your original petition location. I don't think that would go well with CBP. Hence business visa is recommended. When you fly within US, you don't come across CBP and nobody knows where you travel all the time.
     
  15. not really relevant and slightly off topic but there was a news article/video the other day showing CBP having set up a random checkpoint on an interstate within 100 miles of the Canada/US border checking people’s status travelling south. Then there was another article about an officer, not sure whether CBP, DHS or ICE or just a normal cop harassing someone about their status because they were speaking Spanish in Montana if I recall despite fact they were legal US citizens.

    So yes once in the US someone flying within will not come across CBP but slowly even though granted these are isolated incidents it seems under this president some government employees and some even less well informed private citizens seem to think they are more empowered to challenge anyone who in their mind doesn’t fit their interpretation of someone who should be in their country. Hasten to add this is a minority I am referring to not the majority of welcoming citizens and officials south of the border.
     
    vins1 likes this.

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