I wanted to share my journey over the past 8 years since I began exploring Canada as a potential place to live and work while residing in the US on an H1B visa. This forum has been my primary resource for all my inquiries throughout this journey, and I believe many of you, who, like me, are considering Canada as an option while holding an H1B visa, would appreciate hearing about it.
Apologies for the lengthy post!
Background and H1B to PR:
A bit about my background: I arrived in the US 14 years ago as an F1 student and later transitioned to working on an H1B visa after completing my master's degree. In 2015, realizing that obtaining a green card in the US as an Indian-born individual would likely take a considerable amount of time, I began exploring options outside the US. This led me to Canada, where I discovered the new Express Entry program for skilled immigrants. Impressed by the straightforward and online application process, I pursued it, achieved the required IELTS score, and was selected in subsequent draws after the program's launch. My permanent residency (PR) was approved in late 2015, and I officially landed in Canada as a PR in 2016.
At that point, I faced a significant decision: whether to relocate from the US to Canada, despite having a stable job with a good salary in the US. After much deliberation, and with the added complexity of getting married during this period, I decided to test the Canadian job market by applying for contract roles in 2016. Surprisingly, I received several offers and negotiated arrangements that allowed me to work remotely as a contractor/freelancer while maintaining my job in the US. Despite the challenges of balancing multiple roles and minimal personal/family time, I continued to live in the US while traveling to different provinces in Canada for short-term freelance/contract work.
Although I received multiple full-time job offers initially, the total compensation never matched what I earned in the US, which was disappointing. However, I adapted to the differences in the Canadian IT job market and salaries.
Early days of Canada PR:
As I continued to explore my options, a couple of years passed, and I accumulated significant income from contracting in Canada, diligently managing taxes on both sides with the assistance of a knowledgeable CPA. As I approached the residency obligation required for Canadian PR status, I sought ways to fulfill it while maintaining both my Canadian PR and US H1B status. Inspired by discussions on this forum about members making trips across the US/Canada border at Detroit/Windsor, I devised a similar strategy, given my proximity to the Seattle, WA area. I began making daily or every other day trips across the WA/BC border, eventually renting a place in White Rock, BC in 2018 to facilitate these travels. Over the following years, I made over 300 trips across the border, despite the challenges and scrutiny from border officials on both sides.
However, the COVID-19 outbreak in late 2019 made these commutes increasingly difficult, prompting a temporary hiatus from travel. Despite obtaining exemptions for essential travel related to work, I ultimately decided to pause my cross-border travels for safety reasons, especially with a newborn in the US. After an eight-month break in the US, I resumed my travels in early 2020, determined to fulfill the residency requirement for Canadian citizenship.
Fortunately, my company facilitated my transfer to its Canadian entity, allowing me to renew my PR and continue working in Canada for another 15 months. In 2022, I was transferred back to the US on an H1B visa, still short of the required residency period for Canadian citizenship. However, I meticulously tracked my travel dates and ensured alignment with CBSA/CBP records to meet the residency requirement. With a buffer period added to satisfy citizenship residency requirements, I documented my eligibility and submitted my citizenship application before returning to the US.
Path to GC:
After filing my Citizenship application, I explored the EB1C route since my EB2 priority date wouldn't become current for the next 10 years unless there was a significant change. Despite my company attorney's initial disagreement regarding my eligibility, I assembled a compelling case with all the necessary evidence to demonstrate that I qualified. Over the course of five years, my role within the company expanded with numerous promotions, and my work outside the US for the same entity provided the requisite qualifications. Eventually, after presenting all the evidence supporting my eligibility, my company was able to successfully file my I-140 petition under the EB1C category, which was approved within two weeks. Subsequently, I applied for adjustment of status (I-485), and to my surprise, my green card was approved in about 60 days. This rapid processing exceeded my expectations.
Back to Canada Citizenship Process:
While my citizenship application progressed more slowly, I eventually completed all requirements, including a 20/20 in test, successful in-person interview, and became a Canadian citizen. Throughout this journey, I maintained my businesses in Canada and appreciated the opportunities the country provided during the peak of my career.
However, upon reflection, I decided to return to the US due to the ease of doing business and personal preferences regarding taxes, healthcare, and overall quality of life. I do love both countries and can't be thankful enough to the fact that I have unlimited access to both.
NOTE: Few things to consider while crossing border in non EST time zone, CBSA and CBP record date/time of crossing in EST hours and I had a bunch of them posted as next day due to the time I cross was before 12Am but past 9PM in PST. So make sure you really maintain your own record of these which will help a lot in Presence calculator and interview if needed.
I hope my story provides insight and guidance to others considering a similar path. Despite the challenges, achieving Canadian PR, Canadian citizenship and US Green Card is indeed achievable with determination and strategic planning and lot of sacrifices over several years!!
P.S. Please do not DM me to text/call I would like to be anon and happy to respond to folks on DM or here. This is a burner account and I wish to keep it this way for various reasons
Cheers and Good Luck to Everyone!!!!!