F1-OPT and Express Entry

[nanda.uday92]

Hi,

Hope things are going well. I am reaching out with regards to applying for Express Entry while on F-1 OPT. I understand that there is no restriction on applying for Express Entry while on F-1 OPT. Can we apply for Express Entry while on OPT and simultaneously apply for H1-B. Say If I apply for EE and get PR sometime between February- March, can my employer still apply for H1-B in April?

Thanks,
Nanda

 

[smash1984]

IS your employer based in canada or usa?

This doesn't seem like a problem though. EE is a canadian program. H1b is american. So i don't see why you should have a problem

 

[Peacekeeper87]

Hi,

Hope things are going well. I am reaching out with regards to applying for Express Entry while on F-1 OPT. I understand that there is no restriction on applying for Express Entry while on F-1 OPT. Can we apply for Express Entry while on OPT and simultaneously apply for H1-B. Say If I apply for EE and get PR sometime between February- March, can my employer still apply for H1-B in April?

Thanks,
Nanda

Two totally unrelated processes. Sure you can apply for your sponsored H1-B with your employer, and Canada PR at the same time. Nothing keeps you from it, at least from a legal standpoint.

HOWEVER...

To get an H1-B, your employer needs to apply/petition for you as you already know.

So, if you're planning on asking your employer for a work reference letter for Canada immigration purposes in February, it doesn't send them a good message for your H1-B application with them coming up the following month.

In other words, if they know you're working on getting Canada PR, they'll ask themselves what point is there for them to go through all the hassle of petitioning for your H1-B? Kind of telling them "I'm out of here as soon as I have PR"...

I know for a fact that H1-B is a real pain for employers to get lately, and I really doubt they'll want to go through with it if they feel it's not worth the trouble.

I don't know about your relationship with them, but just wanted to point that out for you just in case.

 

[nanda.uday92]

IS your employer based in canada or usa?

This doesn't seem like a problem though. EE is a canadian program. H1b is american. So i don't see why you should have a problem

Hi , they have offices both in USA and Canada, thanks

 

[nanda.uday92]

Two totally unrelated processes. Sure you can apply for your sponsored H1-B with your employer, and Canada PR at the same time. Nothing keeps you from it, at least from a legal standpoint.

HOWEVER...

To get an H1-B, your employer needs to apply/petition for you as you already know.

So, if you're planning on asking your employer for a work reference letter for Canada immigration purposes in February, it doesn't send them a good message for your H1-B application with them coming up the following month.

In other words, if they know you're working on getting Canada PR, they'll ask themselves what point is there for them to go through all the hassle of petitioning for your H1-B? Kind of telling them "I'm out of here as soon as I have PR"...

I know for a fact that H1-B is a real pain for employers to get lately, and I really doubt they'll want to go through with it if they feel it's not worth the trouble.

I don't know about your relationship with them, but just wanted to point that out for you just in case.

Thanks for the response.

 

[smash1984]

so you plan to move out to Canada once you get your PR?

That shouldn't be a problem provided you apply separately. I don't think you need to let your employer know why the exact reason why you need a letter with your job description and on company letterhead. You can think of a lot of reasons. I don't see any problem in it. Other than your reference letter your employer doesn't need to know you are applying for Canadian PR. Just let them proceed with H1.

 

[smash1984]

As a caveat i might add that they won't be thrilled that you want a transfer to Canada as soon as you get Canadian PR. Maybe you can work on H1 for some time before making a move to Canada. They should be ok with that

 

[nanda.uday92]

so you plan to move out to Canada once you get your PR?

That shouldn't be a problem provided you apply separately. I don't think you need to let your employer know why the exact reason why you need a letter with your job description and on company letterhead. You can think of a lot of reasons. I don't see any problem in it. Other than your reference letter your employer doesn't need to know you are applying for Canadian PR. Just let them proceed with H1.

Hi, thanks for the response. Yes I am planning to work in Canada, but was wondering if I can get H1-B as well during the same year and if there will be any issues with regards to visa stamping , approvals for H1-B if picked ..etc . My employer has offices in Canada as well and I would like to work in US for sometime and then move to Canada to maintain my status. Thanks

 

[smash1984]

Hi, thanks for the response. Yes I am planning to work in Canada, but was wondering if I can get H1-B as well during the same year and if there will be any issues with regards to visa stamping , approvals for H1-B if picked ..etc . My employer has offices in US as well and I would like to work in US for sometime and then move to Canada to maintain my status. Thanks

That is a good question actually. Yes, there could be problems in stamping but then that is a risk you take every time you go out of USA on H1B. Apparently Canadian PRs get a lot of their US visas rejected because they show intent to stay in canada and visa officers are not convinced that they won't stay back in the US. But that is a bridge you should cross when you get to it. For now apply for H1( I used to work on it) and also apply for PR. Then decide later. At worst PR can be a great back up.

 

[Peacekeeper87]

That is a good question actually. Yes, there could be problems in stamping but then that is a risk you take every time you go out of USA on H1B. Apparently Canadian PRs get a lot of their US visas rejected because they show intent to stay in canada and visa officers are not convinced that they won't stay back in the US. But that is a bridge you should cross when you get to it. For now apply for H1( I used to work on it) and also apply for PR. Then decide later. At worst PR can be a great back up.

True. That's indeed another layer of issues beyond control.
Nothing keeps one from applying to both, but USCIS will see it as grounds for suspicion, considering there is a cap of H1-Bs being issued every year. So they'll probably think might as well give it to someone who'll stick around.

 

[Roh_04]

Hello All,
I was working on OPT till Jan 2018. My OPT extension got denied and I moved back to India.
Does anyone know if I mention this in my Express entry application, will it affect my chances negatively?
Also, does this fall under "refused a visa or permit, denied entry or ordered to leave Canada or any other country?" question category?