Managing Canada PR and H1B

[kingofpsg]

Hi all
Good day. Hope you are well. I'd want your expert advise for the tricky situation I'm currently in.

Myself and my family hold a Canadian PR which expires in Jan 2024. I did my soft landing last year and thought I'd move to Canada this year. But due to covid circumstances Im not able to move. It looks like we will move there only next year June. I guess it won't be a problem because I will still have time till December 2021 to potentially still hold a valid PR because I will have 730 days post that.

The tricky part is I got my H1B this year and I might be demanded by my company to take USA projects post receipt of visa. I know that I won't be able to qualify the 730 days window the longer I stay in USA. Is there any way to manage this situation. Example. If my spouse and kids go to Canada initially they will continue to have the PR. Can I join them probably in 2022 or 2023 as my family stays in Canada. Will the visa officers consider that way? Or can I apply a dependent PR for myself on top of my family's PR status in 2023 to get my PR back?
Can you please guide me

 

[navinball]

your PR does not become invalidated just because you did not stay 730 days. you can enter canada anytime with an unexpired PR card. just dont renew it until you meet the 730 day obligation. the 730 day rule if for a rolling 5 yr window.

 

[kingofpsg]

Thank you very much for your response. Does it mean that I will be able to enter in December 2023 as well and then continue to live in Canada for 2 years (till December 2025) and then apply for renewal. ,?
I was thinking that the immigration officers will not allow me if I try enter Canada after December 2021 by telling me that I don't have 730 days left until my current PR card expires (Jan2024)...

 

[navinball]

Thank you very much for your response. Does it mean that I will be able to enter in December 2023 as well and then continue to live in Canada for 2 years (till December 2025) and then apply for renewal. ,?
I was thinking that the immigration officers will not allow me if I try enter Canada after December 2021 by telling me that I don't have 730 days left until my current PR card expires (Jan2024)...

actually let me add a caveat
the immigration officers cant stop you if you have an unexpired PR card. however if you are unlucky an officer can question you as to how long were you outside and can report you for not meeting residency obligation but you will not be stopped from entering. if you are reported then you will have to appeal. you can do that from inside canada.

 

[ishangodbole]

Well the company can't demand you and hold you against your will to stay in USA just because the petition was approved. You're obviously free to leave USA. That's the cost of doing business.

 

[kingofpsg]

Thanks a lot for your response Navinball and ishangodbole. I want to safeguard my Canadian PR more than H1b of course. But I'm just checking incase I run into unforseen circumstances..

 

[ishangodbole]

your PR does not become invalidated just because you did not stay 730 days. you can enter canada anytime with an unexpired PR card. just dont renew it until you meet the 730 day obligation. the 730 day rule if for a rolling 5 yr window.

It's not a rolling 5 year window once the first 5 years are up. After that it is based on physical presence of previous 5 years from the day person presents him/herself to CBSA.

 

[ishangodbole]

Thanks a lot for your response Navinball and ishangodbole. I want to safeguard my Canadian PR more than H1b of course. But I'm just checking incase I run into unforseen circumstances..

At some point you'll have to make a decision. You can't pick and choose both unless you get a job in say Detroit.

 

[kingofpsg]

Could I work in Detroit and still hold my PR in Canada ishangodbole

 

[navinball]

It's not a rolling 5 year window once the first 5 years are up. After that it is based on physical presence of previous 5 years from the day person presents him/herself to CBSA.

they check your RO going back 5 yrs correct. but technically to maintain residency obligation you need to stay 2 yrs in a rolling 5 yr window.

 

[navinball]

Could I work in Detroit and still hold my PR in Canada ishangodbole

if you have a canadian address and commute daily.

 

[canuck78]

It's not a rolling 5 year window once the first 5 years are up. After that it is based on physical presence of previous 5 years from the day person presents him/herself to CBSA.

It is a rolling window. You to on to decribe a rolling window so may ”not” was a typo.

 

[canuck78]

actually let me add a caveat
the immigration officers cant stop you if you have an unexpired PR card. however if you are unlucky an officer can question you as to how long were you outside and can report you for not meeting residency obligation but you will not be stopped from entering. if you are reported then you will have to appeal. you can do that from inside canada.

There are people who do get stopped when not meeting the RO but have a valid health card. Nibody can guarantee they won’t be stricter in the next few years once Canada has a better record of entry/exits.

 

[Islander216]

The PR is a lot more valuable than the H1B visa, you never know what other restrictions Trump might add if he gets re-elected, he could end up scrapping the whole thing. Look at the difficulties H1B visa holders are having now in the U.S after losing their jobs, the U.S government is not taking any steps to make their lives easier by extending protections.

Your American employer will understand, if you have to go back to Canada, and my advice is try meet the 730 day threshold within the 5 year period, don't take any risks with it.

 

[kingofpsg]

Thank you very much for your guidance islander, canuck