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

[yodheydhara]

Hi All,
I recently my Canadian PR but am currently working in the US on H1-B visa. I am looking for some good job opporutinities in Canada and want to move there once I have a good job offer. In the mean time, I want to remain in the US with my current employer.
I have been in the US on H1-B visa for last 4 years and this is my 5th year here. My current Visa expires in June this year.

Can I get H1B extension on the basis of Canada PR?
Or as a Canadian PR can I apply for some other type of visa in the United States? If it is H1B, will I be able to stay for next 6 years in the US or the 4 years I have already stayed in the US will be counted and I can get an extension only till a total of 6 years is completed?

Thank you guys, appreciate your inputs here!

 

[scylla]

Having Canadian PR does not give you any special privileges when it comes to an H1-B.

There is a TN visa, but you have to be a Canadian citizen to qualify. You don't qualify as a PR.

 

[yodheydhara]

Having Canadian PR does not give you any special privileges when it comes to an H1-B.

There is a TN visa, but you have to be a Canadian citizen to qualify. You don't qualify as a PR.

Thank you scylla!!
Moreover, I am presuming that since I am already on H1-B and have spent 4 years already, having my H1-B processed as a Canadian PR will be an extension and regardless of whether I am getting H1-B as an Indian Citizen or Canadian PR, the counter of 6 years will not reset.

Is this understanding correct?

 

[dipica]

Just a random question.

I will become Canadian Permanent Resident this year along with my husband who is in USA and I am in Canada. He does not have H1 yet but if he gets this year; What one should do ? Live in Canada or USA? He is earning good in USA. We are confused about our decision like which country is a better choice? Or there is any other alternative ?

Thanks

 

[yodheydhara]

Just a random question.

I will become Canadian Permanent Resident this year along with my husband who is in USA and I am in Canada. He does not have H1 yet but if he gets this year; What one should do ? Live in Canada or USA? He is earning good in USA. We are confused about our decision like which country is a better choice? Or there is any other alternative ?

Thanks

Here is my take on this - you can choose to live in Canada or in the US, but with current conditions, it might be worth giving this more thought and probably preferring to live in Canada. I understand that salary might be a little less as compared to what one can earn in the US, but there are other advantages like you do not have to keep extending your visas, you do not have to see your stay as temporary (only for 6 years total) unless your green card processing has started.
As a Canadian PR also you can apply for H1B.
One question - if the plan is to stay in the US, are you both going to be able to work? Because if he is on H1 and you are on H4, you wont be able to work and in that case Canada might be a better option in case both of you are interested in working.

 

[dipica]

Here is my take on this - you can choose to live in Canada or in the US, but with current conditions, it might be worth giving this more thought and probably preferring to live in Canada. I understand that salary might be a little less as compared to what one can earn in the US, but there are other advantages like you do not have to keep extending your visas, you do not have to see your stay as temporary (only for 6 years total) unless your green card processing has started.
As a Canadian PR also you can apply for H1B.
One question - if the plan is to stay in the US, are you both going to be able to work? Because if he is on H1 and you are on H4, you wont be able to work and in that case Canada might be a better option in case both of you are interested in working.

First of all thank you for reply and putting your view on this matter. I am expecting to become PR by summer this year and If I move to USA I will start my studies again. In Canada I will be lawyer next year and in states I have to start from scratch, Thanks.

 

[smtele]

Thank you scylla!!
Moreover, I am presuming that since I am already on H1-B and have spent 4 years already, having my H1-B processed as a Canadian PR will be an extension and regardless of whether I am getting H1-B as an Indian Citizen or Canadian PR, the counter of 6 years will not reset.

Is this understanding correct?

You do not get any benefit for H-1B by becoming a Canadian PR. The rules for H-1B are the same for everybody regardless of their status outside US. After 6 years, H-1B will only be extended if:

1) You have passed the I-140 stage of US greencard processing -- H-1B will be extended by 3 years OR
2) Your PERM/labor certification application for US greencard has been pending for more than 365 days before 6 years of H-1B are over (can happen if PERM gets audited) -- H-1B will be extended by a year, and you need to keep extending it every year until you have passed I-140 stage, after which you can extend for 3 years and so on until you get the US greencard

If you can't get any extension after 6 years, then you would have to stay outside the US for 1 year before becoming eligible for H-1B status again. That will reset the 6-year clock, and you will have to go through the H-1B lottery again.

 

[yodheydhara]

First of all thank you for reply and putting your view on this matter. I am expecting to become PR by summer this year and If I move to USA I will start my studies again. In Canada I will be lawyer next year and in states I have to start from scratch, Thanks.

welcome!

 

[yodheydhara]

You do not get any benefit for H-1B by becoming a Canadian PR. The rules for H-1B are the same for everybody regardless of their status outside US. After 6 years, H-1B will only be extended if:

1) You have passed the I-140 stage of US greencard processing -- H-1B will be extended by 3 years OR
2) Your PERM/labor certification application for US greencard has been pending for more than 365 days before 6 years of H-1B are over (can happen if PERM gets audited) -- H-1B will be extended by a year, and you need to keep extending it every year until you have passed I-140 stage, after which you can extend for 3 years and so on until you get the US greencard

If you can't get any extension after 6 years, then you would have to stay outside the US for 1 year before becoming eligible for H-1B status again. That will reset the 6-year clock, and you will have to go through the H-1B lottery again.

Thank you smetele!
This is very detailed and informative! Appreciate your help with this!
I would then plan on getting my extension done as soon as possible, looking for a good job opportunity in Canada at the same time. Then I can move to Canada as soon as I get a good job.

 

[gurinder1414]

Hi All,
I recently my Canadian PR but am currently working in the US on H1-B visa. I am looking for some good job opporutinities in Canada and want to move there once I have a good job offer. In the mean time, I want to remain in the US with my current employer.
I have been in the US on H1-B visa for last 4 years and this is my 5th year here. My current Visa expires in June this year.

Can I get H1B extension on the basis of Canada PR?
Or as a Canadian PR can I apply for some other type of visa in the United States? If it is H1B, will I be able to stay for next 6 years in the US or the 4 years I have already stayed in the US will be counted and I can get an extension only till a total of 6 years is completed?

Thank you guys, appreciate your inputs here!

Hello Sir,

Can you please share your number or email so that I will discuss with u regarding canada pr process???


Thanks

 

[yodheydhara]

Hello Sir,

Can you please share your number or email so that I will discuss with u regarding canada pr process???


Thanks

Hi Gurinder,
Happy to help, please tell me if you have specific questions. Overall, this forum is the right place to get all the information you need to understand the Canada PR process.
I would suggest you to look through the threads / topics on this forum that are of your interest and then post a question if you dont find any answers. There are highly experienced and extremely helpful people on this forum that can answer your question to the best of their knowledge. I will do the same. Thanks.

 

[vpkasbek]

Guys,
I have applied for PR under PNP SINP stream and its a paper based applicantion. Can anyone shed light on which visa office processes our files from USA and share your experience with processing? I am in post AOR phase with almost a month of no news about file transfer or otherwise.

 

[jitrulz]

after getting Canada PR and moving to canada, would i be able to extend my H1B? I assume NO because i am not working for a US client, hence there is no SOW etc to prove the need for extension.
lets say, my H1B expires while my long stay in canada, and now i want to come back to US on H1B. would i have to go through lottery again or would i be cap-exempt ?

 

[VOBuckeye]

after getting Canada PR and moving to canada, would i be able to extend my H1B? I assume NO because i am not working for a US client, hence there is no SOW etc to prove the need for extension.
lets say, my H1B expires while my long stay in canada, and now i want to come back to US on H1B. would i have to go through lottery again or would i be cap-exempt ?

You would be cap exempt since you were already counted. You would be able to reclaim that unused time on your H1B.

 

[jitrulz]

You would be cap exempt since you were already counted. You would be able to reclaim that unused time on your H1B.

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