Canadian PR working in US in H1-B

[muralim]

Hi
I am a Canadian PR and will be eligible for Canadian citizenship in a month.
Currently, I live in Windsor and commute to the US every day in H1-B visa, which I received it in 2017 October.

As far as I know, my company does not apply for green card if I have the Canadian citizenship. Their argument is I can get the TN visa when I have the Canadian citizenship.

But I am not sure about the fate of TN visa, hence thinking about to apply for the US green card if possible.

If I do not get the Canadian citizenship, I can request my company to apply for my green card in this October. I am not from India or China, hence I believe my green card application would be processed within two years (hope so).

My question is, will it be an issue to cross the border every day when my green card application is in the process?
or
what other options do I have?

Thanks in advance

 

[DEEPCUR]

H1b is dual intent visa (immigrant and non immigrant). So there won't be any problems if you travel with that.

 

[muralim]

H1b is dual intent visa (immigrant and non immigrant). So there won't be any problems if you travel with that.

Thanks for your reply. I believe it makes sense.

But, if someone is in TN visa and cross the border while green card application is in process, might be in trouble crossing the border everyday as TN is not a dual intent. Please correct me if my statement above was wrong. Thanks

 

[DEEPCUR]

Thanks for your reply. I believe it makes sense.

But, if someone is in TN visa and cross the border while green card application is in process, might be in trouble crossing the border everyday as TN is not a dual intent. Please correct me if my statement above was wrong. Thanks

That's a possibility if someone applies green card while on TN visa. That's why many big companies apply for H1b before starting the green card process. Or at least convert someone to H1b before they get to renew their TN if the green card is in process.

But if you have a previously approved i140 when you were in a dual intent visa like H1b, and then switch to TN visa, it might be less a problem, but still you solely at the mercy of cbp for the continuance of the visa unlike H1b.

Above all if you are Indian born, TN visa would not be practical from a long term perspective as indians have wait time for decades to get green card. CBP may not let you extend it beyond one extension or two extensions if you are lucky. You'd need to be extended for your lifetime probably.

 

[muralim]

That's a possibility if someone applies green card while on TN visa. That's why many big companies apply for H1b before starting the green card process. Or at least convert someone to H1b before they get to renew their TN if the green card is in process.

But if you have a previously approved i140 when you were in a dual intent visa like H1b, and then switch to TN visa, it might be less a problem, but still you solely at the mercy of cbp for the continuance of the visa unlike H1b.

Above all if you are Indian born, TN visa would not be practical from a long term perspective as indians have wait time for decades to get green card. CBP may not let you extend it beyond one extension or two extensions if you are lucky. You'd need to be extended for your lifetime probably.

Thanks DEEPCUR

 

[VOBuckeye]

Thanks for your reply. I believe it makes sense.

But, if someone is in TN visa and cross the border while green card application is in process, might be in trouble crossing the border everyday as TN is not a dual intent. Please correct me if my statement above was wrong. Thanks

I believe you can look at the commuter green card for those crossing borders. I think this is used by some Canadians on TN visa who have applied for US green cards. I believe there will come a time where you will have to move to US though. Might want to check with your lawyer.

 

[harirajmohan]

Hi
I am a Canadian PR and will be eligible for Canadian citizenship in a month.
Currently, I live in Windsor and commute to the US every day in H1-B visa, which I received it in 2017 October.

1. As far as I know, my company does not apply for green card if I have the Canadian citizenship. Their argument is I can get the TN visa when I have the Canad:ian citizenship.

2. But I am not sure about the fate of TN visa, hence thinking about to apply for the US green card if possible.

3. If I do not get the Canadian citizenship, I can request my company to apply for my green card in this October. I am not from India or China, hence I believe my green card application would be processed within two years (hope so).

4. My question is, will it be an issue to cross the border every day when my green card application is in the process?
or
5. what other options do I have?

Thanks in advance

1. Companies are always selfish and want to cut cost. It will be foolish if you dont apply for citizenship when you are eligible. And this situation shows that your company is not looking for any benefit at all. So here is the plan i can think of:
i - Apply for citizenship (keep some 30 days over the mandatory 3 years). Do not disclose this to your company or to any of your colleagues as we never know that who informs about this to your HR and your higher management.
ii - Continue telling your employer that you decided not to apply for citizenship and request them to process GC and proceed in applying PERM.
iii - Complete citizenship process steps (test, interview and attend the oath ceremony).
iv - After the oath ceremony, do not apply for passport. You have lot many years to do so.
v - Try to get your PERM and 140 approved. File for 485 and then apply for the Canadian passport.

2. We cannot trust TN visa and have limited job codes to use. Apply for GC soon as your priority date is current anyway.
3. If required, delay applying for Canadian citizenship and start the process of GC soon.
4. Its preferred to be in US only during the last stage (also you can still ask for consular processing but it will better to avoid). So the first 2 stages will take more than a year if everything goes planned. So you can still travel daily. As other said commuter GC can be sought but its required for people who want to be inside Canada.
5. Yes, move to US while filing at the last stage or ask for consular processing for stamping during the last stage. Till that time you can be on H1.

 

[APPNOV2014NY]

iv - After the oath ceremony, do not apply for passport. You have lot many years to do so.
v - Try to get your PERM and 140 approved. File for 485 and then apply for the Canadian passport.

One becomes Canadian Citizen after Oath Ceremony. Few countries like India do not allow dual citizenship and it would be illegal to travel on Indian passport after taking Oath Ceremony.

 

[DEEPCUR]

One becomes Canadian Citizen after Oath Ceremony. Few countries like India do not allow dual citizenship and it would be illegal to travel on Indian passport after taking Oath Ceremony.

Moreover passport is required for green card processing anyways.

 

[harirajmohan]

One becomes Canadian Citizen after Oath Ceremony. Few countries like India do not allow dual citizenship and it would be illegal to travel on Indian passport after taking Oath Ceremony.

I know the rules.
How is it possible to get the passport in next of oath? We cant correct?
Another example, when you commute daily, then we cannot stop travelling or avoid using indian passport for the next few weeks. This is nothing but using the travel doc of India for 10-30 times. So technically there is no rule to avoid using it for the first few times and there cannot be one.
So for OP, its only once i am talking about.

Also if we have rule that this is illegal then why do we have penalty for using the passport while applying for PIO/OCI card? There is flexibility in some circumstances for not able to apply for new country passport and had to use Indian passport.

So i am not suggesting without being allowed to do so.

Moreover passport is required for green card processing anyways.

Correct, it doesnt need to be Canadian passport. Also using the Indian passport after acquiring other passport for travel should be avoided. The current passport is good enough to process gc and its valid till its expiry/surrendered.