Moving to Canada from USA with Approved I140

[destornillador]

My question and my comment were about US employers hiring in the US. What Canadian employers do is not the point of contention here.
We're in the "H-1B Holders in the U.S." sub-forum. I'm sure everyone here is aware of the fiery-hoop-jumping that is the norm in finding US employment (at least in the big-tech-city scene).

If you did move to Canada as a PR, why would you move back to the US on an H1b visa or without getting the Canadian Passport?
Q1. Everyone knows the answer to this question. As far is tech employment is concerned, even if all other parameters were assumed to be equal, the capital return on time in the US far outweighs that in Canada.
Q2. You're correct, it doesn't make sense to move back without citizenship.

If you are happy with H1b for life in the US, you should not move to Canada.
This veiled, condescending gate-keeping is unnecessary and not helpful.

The only downside with TN visa is that you can't apply for the immigrant visa aka the Green card.
You're hawking the TN visa for three sentences and then slyly introducing its absolutely crippling drawback in the last one.
We're in the "Moving to Canada from USA with Approved I140" thread. The TN visa doesn't help anyone here that is not in the ROW queue - which I'm guessing is everyone.

My point was US companies would also be willing to interview remotely, as well. Worst case, you can get a US B1/2 visa to go to the US, it's not a big deal.

You're absolutely right about the capital return in the US. I was saving about 80% of my salary in the US, here in Canada, it's the exact opposite. It's not just the money, I spent a total of 11 years in the US, including doing my higher studies. I miss talking with like minded people here in Canada. In the US, the culture is totally different, and I miss that too.

TN visa does have the drawback I pointed out, however, if your priority date ever becomes current, you can apply for the GC without having to renew the TN visa. The issue only comes up while renewal, not during the validity of the visa. The other option, which would be ideal is, if your PD is before 2016, and you can somehow convince your Canadian employer to send you in a managerial position to the US, you can apply in EB1C. I believe the processing time for that is a few weeks to 6 months.

 

[rthtor]

Thank you for this answer.

My point was US companies would also be willing to interview remotely, as well.

This is the point I'm trying to shed light on in terms of feasibility. The probability of this happening is not very high. I speak from experience.
The probability of having to secure a US B visa is far higher.

I miss talking with like minded people here in Canada. In the US, the culture is totally different, and I miss that too.

Could you please shed light on this? I believe your experience would be particularly beneficial for this thread.

if your priority date ever becomes current, you can apply for the GC without having to renew the TN visa. The issue only comes up while renewal, not during the validity of the visa.

This will have to be timed impressively well such that the PD becomes current while one is in their very first TN.
If the US employer files for PR and the TN expires before the PD becomes current, your employment, and that filed PR, is at stake.
Please correct me if I'm wrong.

 

[caru]

Hi Experts, Kindly advise and help me out

I am in the USA for 10 years and have an approved I140, I have a master's from NYU in the USA . My H1 extension got denied and my consultancy has reapplied for extension and I have validity left till Oct 2020.

I am very worried about approval status, I don't want to be deported to India as I don't want to be separated from my son whom I get only 2 days as child visitation, this is most painful ever

Please help me and advise me steps to apply for a work visa /PR in Canada so that I don't get moved away to India.

 

[harirajmohan]

Hi Experts, Kindly advise and help me out

I am in the USA for 10 years and have an approved I140, I have a master's from NYU in the USA . My H1 extension got denied and my consultancy has reapplied for extension and I have validity left till Oct 2020.

I am very worried about approval status, I don't want to be deported to India as I don't want to be separated from my son whom I get only 2 days as child visitation, this is most painful ever

Please help me and advise me steps to apply for a work visa /PR in Canada so that I don't get moved away to India.

Its not possible quickly as it takes 1 to few years before even getting chance for PR. Given the problems (no family/education/experience in Canada) for most US H1 guys, its hardly any chance and every year the points go up due to more H1s coming and competing hence increasing the score.

Options:
1. Register your EE profile and request that you are interested in multiple provinces/territories. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry.html
2. Watch for provincial programs every week to see if any program allows international candidates who doesnt need to have employment offer. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/quebec-skilled-workers.html
3. Try for skilled worker and then after 1 year or so then you can apply for PR. https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada.html

Few companies process work permit hence you can try that parallel to trying PR through EE and provincial nomination.
Few companies transfer you from US to Canada or from India to Canada hence you can switch to those companies and try for transferring to Canada on work visa.

Discussion threads to good detail for all above categories: https://www.canadavisa.com/canada-immigration-discussion-board/#moving-to-canada-from-the-u-s.31

 

[destornillador]

Hi Experts, Kindly advise and help me out

I am in the USA for 10 years and have an approved I140, I have a master's from NYU in the USA . My H1 extension got denied and my consultancy has reapplied for extension and I have validity left till Oct 2020.

I am very worried about approval status, I don't want to be deported to India as I don't want to be separated from my son whom I get only 2 days as child visitation, this is most painful ever

Please help me and advise me steps to apply for a work visa /PR in Canada so that I don't get moved away to India.

The above reply is accurate. The current CRS cutoff for PR is 447. You can see your current score is here, and it'll also give you can idea of what is required to achieve the cutoff. The other option is a work visa, however, with the current Covid-19 scenario, I'm not sure many employers would be willing to sponsor that. The easiest option would be convincing your US employer to apply one for you in Canada, if they've a Canadian division, or applying for a Canadian tourist visa (when consulates open), and coming to Canada and looking for jobs in the 6 months' validity.

On a side note, those crying condescension, I would advice you to read through below article. It'll help you make an informed decision about your future in the US, and where you stand, if you're born in India and waiting for your green card.

https://medium.com/@hr1044update/will-h-r-1044-ever-pass-c50d9131eb06

 

[fr72]

......or a change in Government, is all that it would take

Would that be the party whose leader refuses to give up US citizenship because he wants to keep his career options open?

 

[Indian01]

Once you get Canadian citizenship, wouldn't it be advisable to work in Canada for as long as that makes you eligible for retirement pension, because in the USA you have already worked over 10 years and you are eligible to get your SSN, but if you dot become US citizen and you come back to Canada at old age and you have not worked in Canada for that many years you will miss on pension, isn't it?

 

[destornillador]

Once you get Canadian citizenship, wouldn't it be advisable to work in Canada for as long as that makes you eligible for retirement pension, because in the USA you have already worked over 10 years and you are eligible to get your SSN, but if you dot become US citizen and you come back to Canada at old age and you have not worked in Canada for that many years you will miss on pension, isn't it?

You will be eligible for pension in both countries assuming you've worked all your life in US and/or Canada. The US and Canada have a joint pension program, google it. Also, the pension varies based on your income and years worked, so just because you worked for 10 years in the US does not mean you'll get the highest pension. I think the minimum you would need to work to get a decent pension is 30 years in US and/or Canada.

 

[harirajmohan]

Once you get Canadian citizenship, wouldn't it be advisable to work in Canada for as long as that makes you eligible for retirement pension, because in the USA you have already worked over 10 years and you are eligible to get your SSN, but if you dot become US citizen and you come back to Canada at old age and you have not worked in Canada for that many years you will miss on pension, isn't it?

If you are not eligible to Canadian pension then you would anyway qualify to get US pension directly without involving Canadian govt as you worked for more than 10-20-30 years in US. Yes you would get less pension while comparing to being US resident but it will be anyway more/equal to Canadian pension if you have worked in Canada(because the salary is normally less than the US one).
*Note: Only few country citizens can get pension from US if one is seeking payment outside of the US.

 

[justinline]

Hi Experts, Kindly advise and help me out

I am in the USA for 10 years and have an approved I140, I have a master's from NYU in the USA . My H1 extension got denied and my consultancy has reapplied for extension and I have validity left till Oct 2020.

I am very worried about approval status, I don't want to be deported to India as I don't want to be separated from my son whom I get only 2 days as child visitation, this is most painful ever

Please help me and advise me steps to apply for a work visa /PR in Canada so that I don't get moved away to India.

If everything fails....try out I140 EAD under compelling circumstances. This is long shot but worth a try. I think will be worth a try nothing to loose. God bless!!!

 

[Scalphunter]

Hey guys,

I'm about to start my Canadian PR process soon and wanted to make sure that my plan doesn't have any flaws in it.

Here's my situation:

I have a US Masters degree and have been working on an H-1B with my employer since 2015. My GC priority date is 04/2016 and my I-140 has been approved since 11/2016. I haven't changed my employer since I started working in 2015. My employer has an office in Toronto, and should be able to give me a job offer in Canada which I can use on my express entry application. I also have family in Alberta and Ontario. On Canada's scoring website, I'm getting a score of 520 with the job offer and 470 without it. Think this is good enough to make the cut?

I'm planning on getting the PR, moving to Canada, and staying in Canada for 3 years to at least get Canadian citizenship. After that, if I choose to, I can come back down to the US on a TN visa with the US branch of my employer. I don't think my employer will rescind the GC since I'll simply be jumping from their US branch to their Canadian branch and back again.

If I come back to the US, and if I decide to go on an H-1B visa again with the same employer (unlikely ), would it be cap-subject or are all H-1Bs filed after an approved I-140 cap-exempt?

Thanks!

 

[harirajmohan]

Hey guys,

I'm about to start my Canadian PR process soon and wanted to make sure that my plan doesn't have any flaws in it.

Here's my situation:

I have a US Masters degree and have been working on an H-1B with my employer since 2015. My GC priority date is 04/2016 and my I-140 has been approved since 11/2016. I haven't changed my employer since I started working in 2015. My employer has an office in Toronto, and should be able to give me a job offer in Canada which I can use on my express entry application. I also have family in Alberta and Ontario. On Canada's scoring website, I'm getting a score of 520 with the job offer and 470 without it. Think this is good enough to make the cut?

I'm planning on getting the PR, moving to Canada, and staying in Canada for 3 years to at least get Canadian citizenship. After that, if I choose to, I can come back down to the US on a TN visa with the US branch of my employer. I don't think my employer will rescind the GC since I'll simply be jumping from their US branch to their Canadian branch and back again.

If I come back to the US, and if I decide to go on an H-1B visa again with the same employer (unlikely ), would it be cap-subject or are all H-1Bs filed after an approved I-140 cap-exempt?

Thanks!

EE: 470 is a good score. You should first apply without employer's help and get the processing of application started before immigration rules change. Not sure why you are waiting for when you have good score(as people dont have good score and scrambling for the same). Getting approval for working from Canada comes later as you should first secure your PR application invitation.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/submit-profile/rounds-invitations.html

H1: if at all your office is at the border of Canada the you can try commuting. If not, as you said you can move to Canadian office.

H1 quota exemption after few years: Yes you are quota exempt with same/other employer since you are 140 approved.
GC: If you are in same company, the topic of withdrawing 140 doesnt come into picture. So you should be fine. EVen if they do, it doesnt affect your retaining of the priority date later once you start your new GC process with new company. i see remote chance on taking efforts to withdraw 140 while employed in different country as its additional expense for them.

 

[Scalphunter]

EE: 470 is a good score. You should first apply without employer's help and get the processing of application started before immigration rules change. Not sure why you are waiting for when you have good score(as people dont have good score and scrambling for the same). Getting approval for working from Canada comes later as you should first secure your PR application invitation.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/submit-profile/rounds-invitations.html

H1: if at all your office is at the border of Canada the you can try commuting. If not, as you said you can move to Canadian office.

H1 quota exemption after few years: Yes you are quota exempt with same/other employer since you are 140 approved.
GC: If you are in same company, the topic of withdrawing 140 doesnt come into picture. So you should be fine. EVen if they do, it doesnt affect your retaining of the priority date later once you start your new GC process with new company. i see remote chance on taking efforts to withdraw 140 while employed in different country as its additional expense for them.

First, thanks for the response!

EE: I'm waiting because IELTS is temporarily suspended here in the US. I'll begin the WES evaluation on Monday and then give the IELTS as soon as it's available. The 470 score is just the score I got by answering the questionnaire on the Canadian website, so I'm taking it with a grain of salt. I have an uncle (mom's brother-in-law) who is a PR of Canada. Should I be answering 'yes' on the 'Do you have any family members who are citizens/PRs in Canada' question or is that restricted to blood relatives?

H1: I'll be working as a consultant in Canada, so I'll probably be working at a client location in Alberta even though my employer's office is in Toronto. Good to know that it's all quota exempt from here on out.

GC: Good to know!

BTW, do you or anyone else have any experience with how to deal with 401(k)s , Roth IRA, and Brokerage accounts once you move out of the US?

Thanks!

 

[harirajmohan]

First, thanks for the response!

EE: I'm waiting because IELTS is temporarily suspended here in the US. I'll begin the WES evaluation on Monday and then give the IELTS as soon as it's available. The 470 score is just the score I got by answering the questionnaire on the Canadian website, so I'm taking it with a grain of salt. I have an uncle (mom's brother-in-law) who is a PR of Canada. Should I be answering 'yes' on the 'Do you have any family members who are citizens/PRs in Canada' question or is that restricted to blood relatives?

H1: I'll be working as a consultant in Canada, so I'll probably be working at a client location in Alberta even though my employer's office is in Toronto. Good to know that it's all quota exempt from here on out.

GC: Good to know!

BTW, do you or anyone else have any experience with how to deal with 401(k)s , Roth IRA, and Brokerage accounts once you move out of the US?

Thanks!

EE: if you can get relative's sponsorship then you can say yes as the system tries to calculate based on that. So i dont know if that relative can sponsor. Please check the cic site for eligibility and check with your relative if they can actually sponsor. I would say that first get your IELTS score which will determine if you need help from others/employer. So go from there.
401k: Just keep it. Have it in good fund which grows. Its your money which nobody can tell you to withdraw.
Roth IRA: Just keep it. Keep trading/investing. Stable currency is our portfolio diversity.
Brokerage accounts: Just keep it. Keep trading/investing using the USD you have. Stable currently and higher values currency while comparing to CAD. So again no change here.

401(k)s: Address on 401k doesnt matter even if you change it to Canadian.
Roth IRA, and Brokerage accounts: Make sure you have some good non-changing US address on file and make sure you have all trading features enabled such as options etc(if at all you trade). Later its difficult to request adding feature because they will ask for proof of residency etc. So have your residency verified and keep address and residency verified before you move. Call those brokerage accounts and ask them if you need your current local ID to verify so that they dont block you from trading stocks/options/crypto later.

401(k)s , Roth IRA, and Brokerage accounts: you can close these accounts and withdraw only if you need it for emergency or for paying down payment for house. If not just let it grow and keep the accounts current to do trading.
Opening a new US accounts from Canada is next to impossible thing as they need residence proof with photo ID. So keep all of your financial accounts just as it is right now.
Address: if you dont have any friend's address to update on these accounts then open a ups mailbox and change it to that address so that you have access to those mails if required. i know that this is little cost but this cost is negligible when it compares to the income we earn through these accounts.

 

[Scalphunter]

Thanks, guys! I have a cousin in Pennsylvania whose address I can use. How does this tie in with paying US taxes, though? The accounts will have the PA address but my tax form would have my Canadian address, right? Also, does this address trick apply to Robinhood as well, or is it just better to sell it off and forget about it (for the 3 years I'd be outside the US)?