FAQ: Working from Canada on or off H-1b
Hello Rajiv!
Hope you are doing well - I came to know about this forum from a friend of mine and I must say this is really helpful!
I am currently working full-time in California with a big tech company on an H1B visa. I also have a Canadian PR.
I have been in talks with my employer to move to Canada for a while.
In earlier stages of discussion, since the company has an office in Toronto I was planning to move there.
However, moving to Vancouver suits me more for timezone compatibility and because I have some family connections there.
With this in mind, I have been wondering if I can keep my US job (Get my work location changed to Seattle) and commute from Vancouver once a month.
My employer is completely okay for me to work remotely. I can do all my work from home and there's never been any ask to come in to work for me.
From a tax perspective, I will have to file tax at both places and I have spoken to CPAs on both sides (US & Canada) regarding this. This can be handled.
Questions,
1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
Is there any restriction on the amount of time I need to spend inside the US on H1B?
Is there any restriction to how frequently I can go in/out of the US on H1B?
2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.
4. My friend is in Seattle with whom I plan to stay whenever I am in the US. So considering that I would be staying at that address whenever in the US. Would keeping that as my US address for all purposes be okay?
5. I have heard of cases USCIS site inspections, considering my work location is the Seattle office, if I am in Vancouver when such a thing happens. Any idea how this gets handled? Ofcourse my employer would know the days I am working from Vancouver. Is there any scope of anything going amiss which might cause trouble? Any advice on how to handle this?
Thanks a lot for your advice - More good karma coming your way!
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