Moving to Canada-green card question

[Strategist2018]

Hello,

My husband currently lives and works in USA on an H1B visa with I 140 approved. He has PR with Canada and will be moving to Canada soon. He may move back to USA when his priority date becomes current. The plan is to keep his US job and property in USA. He will be living in USA for work from Mon – Thursday every week. However, he will be a Canadian resident for tax purposes since he will be living in Canada for more than 180 days.

• Should he fill up W8-BEN form with his employer?
• Since he will pay taxes as a resident of Canada, will this pose any issues with his existing H1B visa and its renewal or green card processing when the priority date is current?
• Has anyone experienced any issues with US immigration while commuting using an approved I-797 especially given the current visa restrictions?

Please share your experience. Thanks in advance for the help!

 

[PMM]

Hi

Hello,

My husband currently lives and works in USA on an H1B visa with I 140 approved. He has PR with Canada and will be moving to Canada soon. He may move back to USA when his priority date becomes current. The plan is to keep his US job and property in USA. He will be living in USA for work from Mon – Thursday every week. However, he will be a Canadian resident for tax purposes since he will be living in Canada for more than 180 days.

• Should he fill up W8-BEN form with his employer?
• Since he will pay taxes as a resident of Canada, will this pose any issues with his existing H1B visa and its renewal or green card processing when the priority date is current?
• Has anyone experienced any issues with US immigration while commuting using an approved I-797 especially given the current visa restrictions?

Please share your experience. Thanks in advance for the help!

1. Unless he is an essential worker, he won't be traveling back and forth for work these days.

 

[canuck78]

This plan isn’t really feasible with covid.