Working in USA on H1B visa and have Green Card in process. Can I apply for express entry?

[lampbreaker]

I think one of the major drawback of going to Canada on PR and coming back on TN1 after becoming Canadian citizen is, you cannot seek permanent residency. i.e. To apply for green card and use your existing PD (before you left for Canada), you need to get back in fresh H1B quota, start your GC process from scratch and claim your old PD during I-140 application.

If you have a valid I-140, you don't need to get a cap-exempt H1B. You can do a 'transfer'.

 

[cic86]

To be able to return to US, for most people on H1B, Canada is only a backup.

I'm well aware that Canada is a backup for H1Bs who'd like to return to US at some point when the situation improves. What I didn't take into account was the cap-exempt filing H1B(or H1 "transfer") beyond the 6th year which is possible with an approved i140 + 6 months so that you can apply for a US job with a H1 transfer.
It is better to stay on in the company after 6 months after i140 filing but it's not that bad if suppose you lost your job within 6 months after an approved i140 cause atleast you get to retain your PD. It would've been a disaster if you lost your PD too.

 

[cic86]

If you have a valid I-140, you don't need to get a cap-exempt H1B. You can do a 'transfer'.

What happens if you have an approved i140 and lets say you lose your job within 6 months and the company decides to withdraw the petition after lets say 10 months of the approval date? Since 6 months have already elapsed, does the withdrawal still count against the h1b cap exempt benefits?

 

[lampbreaker]

What happens if you have an approved i140 and lets say you lose your job within 6 months and the company decides to withdraw the petition after lets say 10 months of the approval date? Since 6 months have already elapsed, does the withdrawal still count against the h1b cap exempt benefits?

Withdrawal does not matter. It depends upon whether USCIS decides to revoke the petition or not. If the petition has been revoked, it cannot be used for H1B beyond 6 years. According to the Obama era rule, the 6 month timeframe is for revocation, so technically if withdrawal is sent after 6 months USCIS will not revoke it.

 

[cic86]

Withdrawal does not matter. It depends upon whether USCIS decides to revoke the petition or not. If the petition has been revoked, it cannot be used for H1B beyond 6 years. According to the Obama era rule, the 6 month timeframe is for revocation, so technically if withdrawal is sent after 6 months USCIS will not revoke it.

Is there a possibility/scenario where the employer withdraws the petition before 6 months (due to employment termination) and USCIS does not revoke it?

 

[lampbreaker]

Is there a possibility/scenario where the employer withdraws the petition before 6 months (due to employment termination) and USCIS does not revoke it?

They don't have to revoke and they have their own processing time anyway.

 

[craig123]

GC has been initiated but as an Indian it will take years before I get it. Sk as back up option thinking of getting Canadian PR.
Is it possible to apply for both? Or there are issues?

As an Indian in US on h1B applied GC and I recently became Canadian PR 10 days ago. I am completed the Canadian requirements and came back to US for H1B. You can follow below steps.

Here is what I would suggest:
1. Keep your GC alive and active make sure to spent 6 months after I140.
2. In the mean time apply for Canadian PR. Get approved.
3. Complete the landing process this makes you a Canadian PR. Come back to US (if you still have your H1B job and want to continue for a while.
3. As per your convenience move to Canada in minimum 1 day to maximum 3 years. Why? To keep canadian PR you need to be physically be present in Canada for 2 years. Thus max you spent outside Canada for 3 years.
4. Spend in Canada 2 years to keep PR or 3 years to get Citizenship.
5. Get Citizenship to apply for TN visa where you can work in US if need be.
6. Since your I140 was approved in step 1 and you completed 6 months no one can revoke your I140/priority date. Since it is ties to you and not your employer. So even if you go to Canada to complete physical stay requirement it does not bar/revoke/rescind your GC application.
7. Wait 50 years (or shorter if priority date become current sooner ). This can be done as a Canadian citizen waiting in Canada or working under TN visa in US.

NOTE: US and CANADA are two different countries and applying for one does not stop you from apply for PR in other. Do not let others tell you otherwise.

Good Luck. This is just for understanding and not legal advice. For legal issues take help from legal reps to help you through this process.

 

[craig123]

Also there is a complete separate sections for people applying from US to Canada:
https://www.canadavisa.com/canada-immigration-discussion-board/#moving-to-canada-from-the-u-s.31

 

[pallavichauhan88]

As an Indian in US on h1B applied GC and I recently became Canadian PR 10 days ago. I am completed the Canadian requirements and came back to US for H1B. You can follow below steps.

Here is what I would suggest:
1. Keep your GC alive and active make sure to spent 6 months after I140.
2. In the mean time apply for Canadian PR. Get approved.
3. Complete the landing process this makes you a Canadian PR. Come back to US (if you still have your H1B job and want to continue for a while.
3. As per your convenience move to Canada in minimum 1 day to maximum 3 years. Why? To keep canadian PR you need to be physically be present in Canada for 2 years. Thus max you spent outside Canada for 3 years.
4. Spend in Canada 2 years to keep PR or 3 years to get Citizenship.
5. Get Citizenship to apply for TN visa where you can work in US if need be.
6. Since your I140 was approved in step 1 and you completed 6 months no one can revoke your I140/priority date. Since it is ties to you and not your employer. So even if you go to Canada to complete physical stay requirement it does not bar/revoke/rescind your GC application.
7. Wait 50 years (or shorter if priority date become current sooner ). This can be done as a Canadian citizen waiting in Canada or working under TN visa in US.

NOTE: US and CANADA are two different countries and applying for one does not stop you from apply for PR in other. Do not let others tell you otherwise.

Good Luck. This is just for understanding and not legal advice. For legal issues take help from legal reps to help you through this process.

Thank you so much for detailed information and steps. This really helps.

 

[cic86]

As an Indian in US on h1B applied GC and I recently became Canadian PR 10 days ago. I am completed the Canadian requirements and came back to US for H1B. You can follow below steps.

Here is what I would suggest:
1. Keep your GC alive and active make sure to spent 6 months after I140.
2. In the mean time apply for Canadian PR. Get approved.
3. Complete the landing process this makes you a Canadian PR. Come back to US (if you still have your H1B job and want to continue for a while.
3. As per your convenience move to Canada in minimum 1 day to maximum 3 years. Why? To keep canadian PR you need to be physically be present in Canada for 2 years. Thus max you spent outside Canada for 3 years.
4. Spend in Canada 2 years to keep PR or 3 years to get Citizenship.
5. Get Citizenship to apply for TN visa where you can work in US if need be.
6. Since your I140 was approved in step 1 and you completed 6 months no one can revoke your I140/priority date. Since it is ties to you and not your employer. So even if you go to Canada to complete physical stay requirement it does not bar/revoke/rescind your GC application.
7. Wait 50 years (or shorter if priority date become current sooner ). This can be done as a Canadian citizen waiting in Canada or working under TN visa in US.

NOTE: US and CANADA are two different countries and applying for one does not stop you from apply for PR in other. Do not let others tell you otherwise.

Good Luck. This is just for understanding and not legal advice. For legal issues take help from legal reps to help you through this process.

Step 5 and the following steps are sort of inaccurate.

If you become a Canadian citizen, you will have to give up your Indian citizenship( i.e surrender your Indian passport as India does not allow dual citizenship) and you'll be given a PIO card from India. So you cannot use your i140 petition which was filed with your H1b visa on your Indian passport.( feel free to correct me if I'm wrong)

I don't think there is a path to use your i140 petition with your TN visa so you will have to apply for a new EB2/EB3 petition with your TN visa but the good thing with this petition is that your PD will be current even in EB2/EB3 as you can invoke the cross chargeability rule(please don't ask me about that).
The only issue I predict with obtaining your GC with a TN is that US employers prefer not to file for GC with a TN visa as it is easier for them to simply extend the TN visa unlike the H1 which is hard to extend unless you have a valid i140.(this may change in future if the US or Canada introduce legislation on the TN if it's being abused).

So, if you're harboring hopes of obtaining a US GC while living in Canada there are basically two routes -

1) Canadian PR -> Canadian citizen ->TN Visa -> EB2/EB3 GC (fresh EB2/EB3 petition on your TN, cannot use your old i140)

2) Canadian PR (Don't apply for canadian citizenship) -> Wait for your PD to become current(won't ever happen if things in the US stay the same)-> Reactivate your PD with a H1 transfer when your PD becomes current -> GC

If Canada is smart, they'll probably enact measures to prevent this sort of TN visa abuse or brain drain. Infact, the US may scrutinize the TN as much as H1 in future and make it difficult to extend it so I wouldn't pin my hopes on Canada to obtain a US GC.

 

[ee_candidate]

Step 5 and the following steps are sort of inaccurate.

If you become a Canadian citizen, you will have to give up your Indian citizenship( i.e surrender your Indian passport as India does not allow dual citizenship) and you'll be given a PIO card from India. So you cannot use your i140 petition which was filed with your H1b visa on your Indian passport.( feel free to correct me if I'm wrong)

I don't think there is a path to use your i140 petition with your TN visa so you will have to apply for a new EB2/EB3 petition with your TN visa but the good thing with this petition is that your PD will be current even in EB2/EB3 as you can invoke the cross chargeability rule(please don't ask me about that).
The only issue I predict with obtaining your GC with a TN is that US employers prefer not to file for GC with a TN visa as it is easier for them to simply extend the TN visa unlike the H1 which is hard to extend unless you have a valid i140.(this may change in future if the US or Canada introduce legislation on the TN if it's being abused).

So, if you're harboring hopes of obtaining a US GC while living in Canada there are basically two routes -

1) Canadian PR -> Canadian citizen ->TN Visa -> EB2/EB3 GC (fresh EB2/EB3 petition on your TN, cannot use your old i140)

2) Canadian PR (Don't apply for canadian citizenship) -> Wait for your PD to become current(won't ever happen if things in the US stay the same)-> Reactivate your PD with a H1 transfer when your PD becomes current -> GC

If Canada is smart, they'll probably enact measures to prevent this sort of TN visa abuse or brain drain. Infact, the US may scrutinize the TN as much as H1 in future and make it difficult to extend it so I wouldn't pin my hopes on Canada to obtain a US GC.

TN is not a dual intent visa like H1B. It's meant to be non-immigrant I believe which means a GC cannot be granted when holding that visa.

 

[cic86]

TN is not a dual intent visa like H1B. It's meant to be non-immigrant I believe which means a GC cannot be granted when holding that visa.

Well now I feel like an idiot explaining about the TN which is a non-immigrant type. I stand corrected, thanks!

 

[pallavichauhan88]

As an Indian in US on h1B applied GC and I recently became Canadian PR 10 days ago. I am completed the Canadian requirements and came back to US for H1B. You can follow below steps.

Here is what I would suggest:
1. Keep your GC alive and active make sure to spent 6 months after I140.
2. In the mean time apply for Canadian PR. Get approved.
3. Complete the landing process this makes you a Canadian PR. Come back to US (if you still have your H1B job and want to continue for a while.
3. As per your convenience move to Canada in minimum 1 day to maximum 3 years. Why? To keep canadian PR you need to be physically be present in Canada for 2 years. Thus max you spent outside Canada for 3 years.
4. Spend in Canada 2 years to keep PR or 3 years to get Citizenship.
5. Get Citizenship to apply for TN visa where you can work in US if need be.
6. Since your I140 was approved in step 1 and you completed 6 months no one can revoke your I140/priority date. Since it is ties to you and not your employer. So even if you go to Canada to complete physical stay requirement it does not bar/revoke/rescind your GC application.
7. Wait 50 years (or shorter if priority date become current sooner ). This can be done as a Canadian citizen waiting in Canada or working under TN visa in US.

NOTE: US and CANADA are two different countries and applying for one does not stop you from apply for PR in other. Do not let others tell you otherwise.

Good Luck. This is just for understanding and not legal advice. For legal issues take help from legal reps to help you through this process.

Hi, this really helps me. thanks a lot.
Side question: can you please advice me how to get current employment verification letter without telling them it is for Canadian PR? As they are processing GC and I don't want them to stop it or be alarmed or upset.

 

[desmat]

Step 5 and the following steps are sort of inaccurate.

If you become a Canadian citizen, you will have to give up your Indian citizenship( i.e surrender your Indian passport as India does not allow dual citizenship) and you'll be given a PIO card from India. So you cannot use your i140 petition which was filed with your H1b visa on your Indian passport.( feel free to correct me if I'm wrong)

I don't think there is a path to use your i140 petition with your TN visa so you will have to apply for a new EB2/EB3 petition with your TN visa but the good thing with this petition is that your PD will be current even in EB2/EB3 as you can invoke the cross chargeability rule(please don't ask me about that).
The only issue I predict with obtaining your GC with a TN is that US employers prefer not to file for GC with a TN visa as it is easier for them to simply extend the TN visa unlike the H1 which is hard to extend unless you have a valid i140.(this may change in future if the US or Canada introduce legislation on the TN if it's being abused).

So, if you're harboring hopes of obtaining a US GC while living in Canada there are basically two routes -

1) Canadian PR -> Canadian citizen ->TN Visa -> EB2/EB3 GC (fresh EB2/EB3 petition on your TN, cannot use your old i140)

2) Canadian PR (Don't apply for canadian citizenship) -> Wait for your PD to become current(won't ever happen if things in the US stay the same)-> Reactivate your PD with a H1 transfer when your PD becomes current -> GC

If Canada is smart, they'll probably enact measures to prevent this sort of TN visa abuse or brain drain. Infact, the US may scrutinize the TN as much as H1 in future and make it difficult to extend it so I wouldn't pin my hopes on Canada to obtain a US GC.

How many CRS score points you had when you received ITA?
And was it last year?

 

[cic86]

How many CRS score points you had when you received ITA?
And was it last year?

My CRS is 442(technically it's 467 but I'm not claiming work ex with my current employer cause he'll give me a tough time), hoping to get ITA this month.