Canadian PR want to continue on H1B in US for some time

[VOBuckeye]

How about if there is no unused time? i mean I have used up 6 yrs of H1B already. i am on extensions based on Approved i140

I'm not sure in that case. Do you have an EAD? Perhaps you could continue using that to work when you come back.
How long before you get your US GC? If more than 5 years, I would move to Canada and come back as a Canadian citizen. Just my opinion

 

[Binette]

Good morning everybody
I have a dilemma here. I applied for Canada PR was nominated by ontario french stream. My passport was requested and received by CPC Ottawa on October 19th 2017, l haven't got my passport back yet. At the same time I am on H1B visa working in U.S, l am on my 5th year my h1b is expiring March 2018, but my U.S green card is in processed too, got my finger printed 2 days ago. Now my dilemma is how to manage to keep both PRs. Also will it be a risk to have my passport stamped with canadian PR visa and send that same passport to U.S immigration authorities? Also how much time do i have to do my landing after receiving my passport back from Ottawa?
Sorry for the length and thanks in advance.

 

[DEEPCUR]

Good morning everybody
I have a dilemma here. I applied for Canada PR was nominated by ontario french stream. My passport was requested and received by CPC Ottawa on October 19th 2017, l haven't got my passport back yet. At the same time I am on H1B visa working in U.S, l am on my 5th year my h1b is expiring March 2018, but my U.S green card is in processed too, got my finger printed 2 days ago. Now my dilemma is how to manage to keep both PRs. Also will it be a risk to have my passport stamped with canadian PR visa and send that same passport to U.S immigration authorities? Also how much time do i have to do my landing after receiving my passport back from Ottawa?
Sorry for the length and thanks in advance.

It is very hard to maintain both PRs. You have to land before your medical expires. It would be one year exact from the day you got your medicals done. Once you land, you'd have 3 years to decide if you want to move or not. Suggest to go ahead with Green card and test waters for 3 years, and then decide if you want to pursue Canadian PR or not. Generally US is better for job opportunities and accumulating wealth, and Canadian PR is a backup for those whom US GC doesn't work out.

Also, USCIS won't have any problems if they see Canadian PR on your passport. These things become an issue only during citizenship or if you try to cross borders daily with both PRs.

 

[Binette]

It is very hard to maintain both PRs. You have to land before your medical expires. It would be one year exact from the day you got your medicals done. Once you land, you'd have 3 years to decide if you want to move or not. Suggest to go ahead with Green card and test waters for 3 years, and then decide if you want to pursue Canadian PR or not. Generally US is better for job opportunities and accumulating wealth, and Canadian PR is a backup for those whom US GC doesn't work out.

Also, USCIS won't have any problems if they see Canadian PR on your passport. These things become an issue only during citizenship or if you try to cross borders daily with both PRs.

Thank you DEEPCUR, i really appreciate your input, i will keep your words in mind Thanks again.

 

[jitrulz]

I'm not sure in that case. Do you have an EAD? Perhaps you could continue using that to work when you come back.
How long before you get your US GC? If more than 5 years, I would move to Canada and come back as a Canadian citizen. Just my opinion

I don't have EAD. priority date is of Dec 2013. so if i come back as Canadian Citizen, i can get GC faster right? because Priority would be current for Canadian citizens?

 

[VOBuckeye]

I don't have EAD. priority date is of Dec 2013. so if i come back as Canadian Citizen, i can get GC faster right? because Priority would be current for Canadian citizens?

That's my understanding since priority date is current for Canadian citizens. You probably need to find out if you would be able to change your country of citizenship in your filed petition.

 

[fr72]

I don't have EAD. priority date is of Dec 2013. so if i come back as Canadian Citizen, i can get GC faster right? because Priority would be current for Canadian citizens?

US GC is based on your country of birth, not citizenship.

 

[VOBuckeye]

US GC is based on your country of birth, not citizenship.

I'm not sure about employment based GC, but I thought you could claim citizenship of another country if you had it. So what happens if you renounced your birth citizenship and have a naturalized one instead?

 

[APPNOV2014NY]

US GC is based on your country of birth, not citizenship.

This is correct !!

 

[fr72]

I'm not sure about employment based GC, but I thought you could claim citizenship of another country if you had it. So what happens if you renounced your birth citizenship and have a naturalized one instead?

Nothing you can do. They will ask for your birth certificate in application and you will remain in line of your country of birth, even if you renounce.

Otherwise all those millions in line would have paid some 150k for St Kitts citizenship and got their GC!

 

[VOBuckeye]

Nothing you can do. They will ask for your birth certificate in application and you will remain in line of your country of birth, even if you renounce.

Otherwise all those millions in line would have paid some 150k for St Kitts citizenship and got their GC!

Hmm makes sense. I guess it's different for the DV lottery.
Thanks

 

[Sears123]

Dear members

We just received canadian PR and have completed our landing formality. We will be returning back to USA to continue on H1B visa .

My employer would like to file for my GC . Will it be an issue during PERM/I-140/I-485 if the employer/USCIS notices the H1B visa on my passport mentioning my status as a 'Canadian permanent resident' in the Annotation section ?

I had applied Canadian PR as a backup Option in case it doesn't work out here on H1B . What should i answer to CBP/USCIS if i am ever asked why did i apply for the Canadian PR and also starting my GC process IF i am ever asked this question , either at the Port of entry or may be during the time of application ? Should i be straight forward with the reason and state as it is ?

Personally , i am okay to renounce my Canadian PR if i am getting US GC for sure , however nobody can my guarantee me a US GC .
Please advise ASAP

Thanks

 

[harirajmohan]

Dear members

We just received canadian PR and have completed our landing formality. We will be returning back to USA to continue on H1B visa .

My employer would like to file for my GC . Will it be an issue during PERM/I-140/I-485 if the employer/USCIS notices the H1B visa on my passport mentioning my status as a 'Canadian permanent resident' in the Annotation section ?

I had applied Canadian PR as a backup Option in case it doesn't work out here on H1B . What should i answer to CBP/USCIS if i am ever asked why did i apply for the Canadian PR and also starting my GC process IF i am ever asked this question , either at the Port of entry or may be during the time of application ? Should i be straight forward with the reason and state as it is ?

Personally , i am okay to renounce my Canadian PR if i am getting US GC for sure , however nobody can my guarantee me a US GC .
Please advise ASAP

Thanks

There is no issue in mentioning to cbp on why you have this trip. They might ask (usually they wont but they asked me when i started to travel frequently) if you are moving there(or why you took the PR) but you should tell your plan whatever you have(saying you would move later and not currently or you would move after so and so months/years or you would commute daily later).

if your and your spouse country of birth is India then there is no point in renouncing PR as you would never get GC in this lifetime. If its from some other country then you are good to go for GC.

 

[Sears123]

@harirajmohan - thanks for the response !

Yes I will try my luck by using my spouse’s cross chargeability and country of birth for my GC process .

Will these frequent trips and an annotation on the H1B visa that I am Canadian resident have an issue during the PERM and I 140 process of GC ? Any ideas ?

Thanks

 

[harirajmohan]

Will these frequent trips and an annotation on the H1B visa that I am Canadian resident have an issue during the PERM and I 140 process of GC ? Any ideas ?

No, not at all. They dont care basically. Daily commuters even have the Canada address on their uscis files(for H1, Perm, 140). So nothing to worry. GC can be processed while candidate is being inside/outside of US.