IMMIGRATION
The question of maintaining Canadian permanent residency (PR) while working on an H1B visa in the US is complex and has several factors to consider. Here’s a breakdown:
Maintaining Canadian PR:
- Physical presence requirement: To maintain your Canadian PR, you must meet a physical presence requirement of living in Canada for at least 2 out of every 5 years. Working in the US on an H1B visa likely violates this requirement.
- Filing taxes: Even if you’re not physically present in Canada, you might still need to file tax returns and potentially pay taxes depending on your income and assets.
H1B visa and US salary:
- H1B visa requirement: Your H1B visa requires you to be employed by a US company and paid a US salary while physically present in the US. Working remotely for a US company while residing in Canada is generally not allowed.
- Tax implications: You will likely owe US taxes on your income earned while on an H1B visa, regardless of where you reside.
Possible Solutions (Consult with an immigration lawyer for specific advice):
- Renegotiate with your US employer: Discuss the possibility of remote work within the US or transitioning to a different visa like TN (if eligible) that allows for Canada-US work.
- Consider Canadian job opportunities: Finding employment in Canada on your PR status allows you to stay physically present and fulfill the residency requirement.
- Explore alternative visa options: Consult with an immigration lawyer to assess your eligibility for other visas that might allow you to work remotely or in Canada while maintaining your US income.