Having H1b visa and applying canada work visa

[naveenenjamuri]

Hi All,


I am currently on H1B. We have a client in canada and my company wants to do canada work visa for me. I have few concerns.
If I work in canada will that effect on my H1B status and GC process?
If I travel everyweek to canada from US, will that be a problem at port of entry?
If I work in canada, is it legal to come back to us on same H1B?
Do I need to pay the taxes in canada?

Please help me on this. I appriciate your responce.

Thanks,
Naveen

[Subramanya]

I am currently on H1B. We have a client in canada and my company wants to do canada work visa for me. I have few concerns.

If I work in canada will that effect on my H1B status and GC process?

---- No, it does not. However, you should possess a valid H1 visa stamped in your Passport to enter US

If I travel everyweek to canada from US, will that be a problem at port of entry?

---- No, as long as your intent of travel is clear and you have a visa and or a authorized travel document in your possession

If I work in canada, is it legal to come back to us on same H1B?

---- Yes it is

Do I need to pay the taxes in canada?

---- Yes, if you work and earn in Canada, you need to pay taxes just as you would do in the US

Subramanya

[naveenenjamuri]

Thanks for the quick responce Subramanya.

I have another question.

If I travel to canada every week on canada work visa and return to US on weekends So how come I am working in US? The whole week I am going to work in canada, so at the port of entry if they ask like "why are u coming to US" what should I tell?

your responce will be greatly appreciated.

Thanks,
Naveen.

[txh1b]

If I work in canada will that effect on my H1B status and GC process?

Yes, It will impact your H1b status as you are no longer on H1b and working on H1b in the US. It would be illegal to enter US on a H1b.

If I travel everyweek to canada from US, will that be a problem at port of entry?
You should not use the H1b to enter the US at POE. You could use an Advance Parole if you are already a 485 applicant and become a parolee if you have an offer to hire you on a permanent basis. There are associated complications with that too as AP, once applied, you have to wait till it is approved to leave the country unless you have another AP that is already valid. You definitely need to talk to an immigration attorney.


If I work in canada, is it legal to come back to us on same H1B?

It is illegal to enter on H1b when you do not plan to maintain the H1b status in the US.Do I need to pay the taxes in canada?

Depends. US and Canada have treaties. You need to talk to a CPA. You can pay the tax in either countries and paying in US would be needed to not impact the GC.