Continue working like I am in Canada after activating my green card?

[jgrocio393 1]

Hi Guys,

Apologies for the title I could not think of a good way of structuring it for this situation that I found myself in.

I recently got my IR-1 visa approved and I am moving within the month. My employer is happy to transfer my job to the US but they said that they want to wait until I get my social security number before swapping me officially and giving me the new US based offer.

However, they want me to continue working as normal and get paid through my Canadian bank account while I am waiting for my SSN in the US. Then after I receive it, I file my resignation letter for the Canadian based job and they start my US based employment.

They said they consulted their US based lawyer who told them that there would be no issue with immigration officials/USCIS if we go this route and it would be less of a head ache because I wouldn't have to take a couple of weeks off while I wait for my SSN.

I was wondering if I should agree to this or if I should request that my last day is the day I leave Canada and then resume once I get my SSN? Just wanna make sure I don't run into any issues.

I work remotely if that helps.

Any advice is much appreciated.

Edited March 29, 2023 by jgrocio393

[Allaboutwaiting 2,503]

You should not have a single issue. 

 

What your employer suggests is actually very common, mostly among people from Mexico and Canada, who cross by land just to activate the GC and immediately return to their countries for a while to deal with whatever needs to be dealt with. 

[jgrocio393 1]

Just now, Allaboutwaiting said:

You should not have a single issue. 

 

What your employer suggests is actually very common, mostly among people from Mexico and Canada, who cross by land just to activate the GC and immediately return to their countries for a while to deal with whatever needs to be dealt with. 

So even if I am working remotely in the US this would not be an issue?

[Allaboutwaiting 2,503]

3 minutes ago, jgrocio393 said:

So even if I am working remotely in the US this would not be an issue?

As soon as you get inspected by CBP you become a legal permanent resident and you have all the rights that come with it, including traveling and working in the US.

[jgrocio393 1]

1 minute ago, Allaboutwaiting said:

As soon as you get inspected by CBP you become a legal permanent resident and you have all the rights that come with it, including traveling and working in the US.

i see, so even though i would be working for a company in Canada technically and continue getting paid in my Canadian bank account while living in the US for a few weeks there would be zero issue?

appreciate your quick responses!

[Mike E 11,741]

I would head to local SSA office immediately after entering the U.S. to apply for an SSN. Will take less than 2 weeks. Whether it is worth you going back to Canada for 2 weeks is up to you decide. It would not be for me.

 

 

[Lil bear 4,261]

4 minutes ago, jgrocio393 said:

i see, so even though i would be working for a company in Canada technically and continue getting paid in my Canadian bank account while living in the US for a few weeks there would be zero issue?

appreciate your quick responses!

Correct. No issues at all. Once you enter you can go to the SSA office the next day and apply for a SSN. Will save waiting for one to be issued. You will need to declare the income earned from the CA side on your US tax return but can also get it excluded so you won’t be double taxed. 

[jgrocio393 1]

Just now, Mike E said:

I would head to local SSA office immediately after entering the U.S. to apply for an SSN. Will take less than 2 weeks. Whether it is worth you going back to Canada for 2 weeks is up to you decide. It would not be for me.

 

 

they offered to let me remotely work from USA while I wait for the SSN before swapping me so I was wondering if that would cause issues, I am not going to be in Canada during this time 

[Allaboutwaiting 2,503]

1 minute ago, jgrocio393 said:

they offered to let me remotely work from USA while I wait for the SSN before swapping me so I was wondering if that would cause issues, I am not going to be in Canada during this time 

None at all. No need to worry. 

[jgrocio393 1]

thanks guys!

[Ontarkie 14,314]

~~Moved to Working and Traveling, from IR1/CR1 P&P~~

[Mike E 11,741]

Just now, jgrocio393 said:

they offered to let me remotely work from USA while I wait for the SSN before swapping me so I was wondering if that would cause issues, I am not going to be in Canada during this time 

No issues.

 

In 2024 when you file taxes,

 

* file your 2023  CRA return as you would normally.

 

* File your 2023 IRS return. Declare all of your worldwide income for 2023. Then declare all foreign income tax paid in 2023. Each $USD of  foreign income tax you paid in 2023  will reduce your IRS tax liability by one $USD.

 

Modern tax software handles this well.

 

The burden placed on U.S. citizens and LPRs to declare world wide income is mostly busy work, except for people who live in regimes with lower taxes than the U.S. (and there is some mitigation there for most people in that situation, which we do not need to discuss). Rarely will CRA tax less than the IRS, so not an issue for you.

[Boiler 45,744]

1 hour ago, Mike E said:

I would head to local SSA office immediately after entering the U.S. to apply for an SSN. Will take less than 2 weeks. Whether it is worth you going back to Canada for 2 weeks is up to you decide. It would not be for me.

 

 

I was going to say the same, taxes can be a pain but you hopefully can get it all sorted pretty pronto. They do not need it until the next pay period.

[mam521 2,113]

16 hours ago, jgrocio393 said:

they offered to let me remotely work from USA while I wait for the SSN before swapping me so I was wondering if that would cause issues, I am not going to be in Canada during this time 

You don't technically need your SSN to begin work in the US, either.  Check out the I-9 instructions.