Working remotely from Canada for US company

#1
my friend is working for a US company. The company has no entity in Canada. He is in h1b and just got his Canada PR. Should he maintain his h1b to be in US payroll?
 

Sm1smom

Super Moderator
#2
H1B is meant for working and living in the US. Your friend cannot be on H1B status while living in Canada. H1B status can only be maintained from within the US.
 
#3
H1B is meant for working and living in the US. Your friend cannot be on H1B status while living in Canada. H1B status can only be maintained from within the US.
Yes, he's aware of that. Assuming he visits US once a month. Would he have issues in renewing his h1b? Since there are people in border who travel every day to US from Canada
 

Sm1smom

Super Moderator
#4
Yes, he's aware of that. Assuming he visits US once a month. Would he have issues in renewing his h1b? Since there are people in border who travel every day to US from Canada
People who travel everyday from Canada to US are not in the same scenario you initially asked about. You can’t have a H1B status and work remotely from outside the US! The H1B is meant from working from an indentified employer’s location within the US.
 
#5
People who travel everyday from Canada to US are not in the same scenario you initially asked about. You can’t have a H1B status and work remotely from outside the US! The H1B is meant from working from an indentified employer’s location within the US.
OK. So what's the solution for him?
.
 

1AurCitizen

Registered Users (C)
#6
He ought to decide what he wants. Either live and work in Canada, presumably with his newly-attained permanent status there, or live in the US to maintain his H1b status. One wonders why does one get Canadian PR status without an intention to live in Canada permanently.
 
#8
Unlike US green card, the Canadian permanent resident status can be maintained solely through meeting the physical presence requirements (NOT residency).

The requirement is, within the past 5 years, you need to be physically present in Canada for over 731 days (check the official IRCC website regarding maintenance of the Canadian permanent resident status). And a day, where you spend any time at all in Canada, counts.

canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

You don't need to prove residency (such as bills, driver's license), though they'd definitively help if you have a borderline case, or if you cross the border daily, but merely that you are physically present in Canada for the requisite amount of time.

This is more flexible than the US green card requirement where you have to be continuously resident of the US.

Regarding H1B in US, it is possible to live in Canada, and then commute daily across the border to work in the US under H1B.

There are dozens if not hundreds of Canadian PRs in border cities like Fort Erie and Windsor doing this daily.

These people can keep working like this until they get Canadian citizenship, before moving to the US.

And it is all legal (because even the requirement for Canadian citizenship is solely based on physical presence).

Make sure you meticulously count the number of days in Canada. Keep a spreadsheet detailing your trips to the States (and other countries), and (at least in theory), you should be fine.
 
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