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Topic: Posibility of having PR and work in USA on H1B and keeping US - Green card process alive?
Is it possible for me to work in US on h1b Visa while i live in Canada on PR. will there be any issues? my USA green card process is also going on for a long time. My US employer might let me commute from anywhere.. Need advise.
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YES I WILL ALSO BE INTERESTED TO KNOW
THANKS
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I believe that you are being greedy. And as a greedy person, you risk losing it all. You must live 2 out of 5 years in Canada to maintain your PR status. In the end you have to choose where you REALLY want to live. US or Canada? You cannot and should not live in both countries at the same time.
"A bird in the hand is worth two in the bush." :)
There are also people who like to have US and Canadian PRs at the same time. This is a bad idea. I know folks who lost both PRs. Don't be or act stupid. Choose ONE and only ONE country where you want to live.
The other option is to become citizen in one of the countries, and then live in the other as a permanent resident/non-immigrant visa.
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In order to renew your PR status in Canada you will be required to demonstrate that you have resided in Canada for at least 2 years out of every five year period (not 3 years). If you cannot do this you risk having your PR status revoked.
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Adam Blum, MBA,BBA,CSC,CCIC
Certified Canadian Immigration Consultant
Canadian Immigration Problem Solvers Ltd.
www.canadian-immigration.ca
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Well Enlightened... I guess u didnt understand the whole scenario and started assuming and giving suggestions even. I dont care if a country revokes PR since i have my home country to fall back on. It is absolutely legel to file for 2 PRs and have Processing simulataneouly in any country in the world. so either understand my questions and answer or shut up..lol
Yes , i am greedy of not losing time unlike many who probably have 1000 years to live on. lol..
1. Staying in Canada on PR and commuting to US on H1B visa every week - Does it count as residing in Canada ? ( i know the rule of 3 out of 5 years , so dont even tell me the rule again )
2. after spending 3 years like this ( as my US GC might easily take 3 years ) , can i apply for canadian citizenship .. since US GC is freaky and no one knows whether i am going to get it or not.
by doing this i would save 2 - 3 yeasr time rather than going to Canada after 3 years of wasting time in US on GC in case if i dont get it. My priority is US for sure.
Think wise before asnwering rather than ridiculing sine your brain is too small to understand what ppl write in here
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Why write with such an angry tone? Commuting is not such a good idea. Good for you for sure, but not good in the perspective of immigration.
You would not be able to convince an immigration officer easily that you were indeed *residing* in Canada.
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well.. i am almost through with my canadia PR.. just need to take medical and i am sure of getting it in 3 ,4 months , if i send medical... So this is the time for me to think though.
TO keep alive my Canadian citizenship day counting and US GC day counting at the same time..
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****You would not be able to convince an immigration officer easily that you were indeed *residing* in Canada****
this is exactly what i am looking for. If you know the answer to the question what u mentioned above , answer me.. yes , flying is not a problem and my employer is fine with that. since i do the same in US also. again , corssing border on road etc ect are not what i am looking for too
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Congratulations! Hope that you can also get your US greencard. Well yes the US processing sucks in that respect. :)
With H-1B you are normally granted 6 years. So in principle if you would like to live in the US, you would normally apply in the first year. Once you've reached 4 years out of the six, and you haven't gotten any positive response from USCIS, then you should apply to Canada. I'm not sure of your present situation, but I'm speaking in general terms.
This gives you enough time to evaluate your priorities.:)
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geez... enlightened .... you are a rookie... i thought you atelast have some idea about immigration when you start giving replies.. hmmmmm
I am in USA for 8 years now .. i have 2 masters degrees.. on H1 for 4 years and can live here for a long time in H1B by extending exhisting H1B visa.. i am well settled here.
But i will need atleast 4 more years probably to get my Green Card.,. So now you would undeerstand my situation.. Time is important for me unlke other who wants to do things in 40's..lol
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Immigration officers aren't stupid. So flying or commuting to-and-fro periodically doesn't work in convincing them that you're residing in Canada.
When you become a permanent resident, it basically mean that you are *permanently* settling in Canada. Now if you're living/working in another country and try to fool them that you're actually over there, it doesn't work. They'll give you a hard time. There's no simple solution.
The solution would be to live 6 months in Canada CONTINUOUSLY and then 6 months in the US. Behaving like a ping-pong ball when one is not a citizen is generally doomed.
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I have sufficient knowledge about immigration but I'm afraid that I am not an immigration attorney, if that's what you're looking for. :) Well if you've been living for that long and you don't have a green card yet, then you most probably need one.
But as for your question of commuting, unfortunately it's not a great idea.
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yeah ,. see ..now you understand my pain ... So am i lookin for the possibility of commute which again is hard for me too, but saves me a lot of time ..if only i could fool immigration officer.
How does Canadian PR days counted towards citizenship... Physical days present or do they check my pass port stamps to count the days? technically your 6 month solution or even a 3 month solution would work too,if there is one.
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Greenmonkey, I think the US immigration will issue you a visa called "Transient visa" this is what they issue for those people
who leaves in Canada and working/crossing in the border to work in the US. As far as affecting your H1b status? that I do not
know. ..I also liked your idea...Its nor greedy, but heating two birds in one stone..saving time...Thats my game!..With what USCIS and DOS is showing now, I probably do what you are thinking...
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i believe TN visas are given to canadian citizens only and also getting TN takes a lot of time
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I think they mean NAFTA professional visas, and they are easy to get if you qualify - you are given the visa right at the border. It covers most non-medical professions which require a University education. Unfortunately only applies to Canada/US/Mexico citizens so I don't think this helps you.
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in my opinion its a good idea but i think you should talk to an attoney on canadian immigration , takes some notes . iam also doing the same thing but iam not yet crossed the border yet just keep in touch and share yr experience
thanks
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GURUS I NEED YOUR ADVISE .
LANDING DATE IS JANUARY 08,2008
DONT HAVE AN AP FROM USCIS WAITING
ONLY HAVE I 94 ON H-1 B EXBIRING JULY 2008.
EAD APPROVED
LABOR APPROVED
DONT WANT TO LOOSE ANY OF ONE WHAT SHALL I DO SHALL I ENTER CANADA AND WAIT FOR MY AP THERE OR IT WILL BE A PROBLEM
PLEASE ADVISE ASAP
I GOT AN INFOPASS APPOINTMENT BUT SHALL I TELL THEM ABOUT LANDING TO CANADA
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Hi Gurus,
I am also facing the same situation as dear Macky, Please reply with your valuable suggestions.
Canadian PR Status:
I received a letter for Medical and they need Police clarification letters to process my case. I hope after medical it takes about 6-8 months to get a landing date.
US Green Card
Applied for I-485 –Still Pending,
Got EAD
AP – pending
H1 –Valid till 08/2009
Spouse- F1 Status but now on status of Adjustment of status (I-485)
Shall I go for medical and submit the documentation back to Canadian Consulate as it seems for US Green Card it wont be coming by next 3-4 yrs.
Expert comments needed.
Thanks
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Mcky
I didnt get what you are saying. Your landing date is January 2008 , but you have I 94 till July 2008 . Why dont you go and come back on H1b? why do u need AP for that?
Garry
I am in the same situation, but i shceudled my medical next week. After medical 6-8 months to get the landing date anyway. i have 194 till July 08 and H1b till 2010. I havent applied for AP yet.
but i am planning remain on H1B only by going to another stamping next year when i go to Canada on landing date.
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hey greengreengree,
can i go to canada and come back without ap.
i dont have a stamp on my passport for h-1 iam working for an employer here in u.s on h-1 b.
when i will come back to u.s , they will ask me for h-1 stamping / ap ... iam travelling by car
please advise ..is there any way
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I was told by lawyer that i need to get H1b stamped in the passport and that is what I will be doing next month
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Hi GreenGreenGree
Dear I heard from some one that if u go to canada for landing that will Void ur 485 as u cant keep 2 PRs so if u go to canada on landing then u need to give them a Candian addrs as per rule and thet will take ur I-94 and send to US and keep a record that u had landed in Canda for PR and as per US I-485 u need to change ur address on their records.
Please let me know what option u r opting to keep urself in safe position to keep ur both process alive u cam mail me at garry.great@gmail.com
Thanks
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Macky , i didnt know you had no stamping in passport... now you defintely need AP even you are going by Car .. to be on the safe side.
Either change your canada plans by talking to canadian immigration to push your landing date by 2 ,3 months ..or tell US immigration officer at info pass
Garry
I sent an email to u
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