In US on H1B, moving to Canada: Maintain present job?

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newzenith
Posts: 3
Joined: Tue Jun 01, 2010 3:09 am

In US on H1B, moving to Canada: Maintain present job?

Post by newzenith » Tue Jun 01, 2010 3:43 am

Hello,

I would like to know how I can continue to maintain my present job while staying in Canada.

Here is my situation:

1. I'm currently in US on H1B, a new extension application was filed last month, which will extend the H1B expiration to Aug 2013 (based on an approved I-140 sponsored by the same employer, however, could not file I-485 yet for at least 3-4 years due to visa number retrogression)

2. Spouse got a Canada job, which allowed her to get Canada Work Permit and me to get Open Spousal Work Permit (http://www.canadavisa.com/canadian-immi ... rmits.html)

3. I intend to move to Canada in the next 2-3 months with the family (after receiving the new H1B extension approval)

4. Current company is a private, startup company based in US with no offshore offices or employees at the moment

5. Employer has agreed to make telecommuting work arrangement and make every effort to help me to telecommute from Canada (including paying for the expenses for my periodical travel back to the US every few months if it's necessary to keep my H1b)

I would like to know how the payment processing would work and what it would take to make this possible. After I move with the family, I still plan to keep a US bank account and a US P.O. Box, and ask the company to direct deposit into the same bank account as they have always been doing. I know tax issues will be a mess but I'm willing to take that cost as long as I can stay with my family (in Canada) while keeping my US job.

Not very familiar with the employment laws in such an event and where to go looking for more information (except Google)

Thanks a lot for your time!

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Jun 01, 2010 6:28 am

If you get an open work permit in canada, you can do what you want.

The company will have to start paying you as a Cdn employee. You don't need H1-B at that point. You can always reactivate it when you move back down.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

newzenith
Posts: 3
Joined: Tue Jun 01, 2010 3:09 am

Post by newzenith » Tue Jun 01, 2010 10:07 am

Thanks a lot for the quick response, Nelsona. If the company will have to start paying me as a Cdn employee, do they need to create a Canadian branch office just for me? Thanks.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Jun 03, 2010 8:07 am

No. They need to set up a payroll for you.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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