US Greencard working from Canada for US Company via VPN

I have a US Greencard and work for a US company. However, I work from home in Canada. I connect to my US employer via an internet VPN connection. Because I do not have residency in the US, I am planning on changing my Greencard to a Commuter Greencard.

Once I have my Commuter Greencard, I will cross in to the US occasionally for work (once or twice a year) and once or twice a month for pleasure. Since I will not be 'commuting' across the border on a regular basis, will INS trouble me for working from home in Canada via VPN and not 'commuting' regularly? I will be able to produce a paystub from my employer prooving that I am still employed by my US employer. Thanks.

Well you've got to be physically in the US working for at least 90 days in every year to be able to maintain a commuter LPR status. CBP must also believe that you are in fact a commuter, because they have the discretion to decide that you are not and are simply fraudulently trying to maintain the right to LPR status. Obviously if you don't go across very often they might get suspicious.

Thankyou Steve for your response. If I am working remotely in Canada for my US employer, connecting via VPN to my employer's US network, do you have any other suggestions on how I can continue to work and keep US immigration/border patrol satisfied?

Not really, the regs say working for 90 days in the US, so that's what you have to do by the looks of it. If you prefer working from home I guess the recommendation would be to move to the US and work remotely from your home there.

There would probably be tax advantages as well, because as a commuter you would be resident in Canada for tax purposes and have to file as a non-resident in the US, which means you end up paying Canadian taxes overall. If you live in the US you would probably be paying less tax as a US resident.

Thanks Steve. Fortunately, I live in a Canadian border community. It sounds like my only option is to drive across the border twice per week and check my work email on my Blackberry while in the US and then return home.