Getting the Canadian PR while US I-485(Adjustment of status) pending

[harpreps]

Hello,
I wanted to ask if anyone here knows anything about leaving US while their I-485 is pending with USCIS. Since it can take years to complete the application, how would someone accept the Canadian PR and live their long term while also not abandoning their AOS application in the US? I have heard that the request for biometrics and interviews could be received when USCIS decides to adjudicate your case. Is that the time when you should be present in the US?
Has anyone gone through this process or might know how to navigate this situation?

 

[harirajmohan]

Hello,
I wanted to ask if anyone here knows anything about leaving US while their I-485 is pending with USCIS. Since it can take years to complete the application, how would someone accept the Canadian PR and live their long term while also not abandoning their AOS application in the US? I have heard that the request for biometrics and interviews could be received when USCIS decides to adjudicate your case. Is that the time when you should be present in the US?
Has anyone gone through this process or might know how to navigate this situation?

It has been answered here on this.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-remotely-from-canada-in-us-company-as-canadian-pr.558089/page-15#post-8942164

 

[harpreps]

Thanks for the info Harirajmohan. I agree that the best answer would be provided by the attorneys after looking at the individual case.

 

[DEEPCUR]

Thanks for the info Harirajmohan. I agree that the best answer would be provided by the attorneys after looking at the individual case.

when you file i485, you express your intent to immigrate to US. general consensus from attorneys is if you give up your US residence and stay out for long times, you will abandon your i485 even if you hold a non immigrant status like H1. there is no guideline from USCIS on what happens if someone holds a non immigrant status along with i485 and live outside US, but it is not something that you would want to experiment with as it takes several years to get i485 approved and also that you need to appear for the interview. at interview they could question your prolonged absence from US and if you say you did it to keep your Canadian permanent residence, you are pretty much shooting on your own foot.

you pretty much have two choices.. give up Canadian PR or opt for consular process.

 

[harpreps]

you pretty much have two choices.. give up Canadian PR or opt for consular process.

I understand. And reading up on Consular process, it might not be too bad.

 

[DEEPCUR]

I understand. And reading up on Consular process, it might not be too bad.

true.. as long as you are confident that you can hold to the same job for several years, there should be no issues in opting for consular process. Biggest advantage of i485 is EAD which kind of acts as a insurance for your stay in US and protects you in a job loss or a situation where H1 rules get changed and you have problems doing an extension.

 

[harirajmohan]

I understand. And reading up on Consular process, it might not be too bad.

Addition to DEEPCUR's point along those lines, being inside US with Adjustment of Status, you are free to change job after 6 months.
I dont think you can avoid current job's trouble if it comes before 485 is approved and immigrant visa is issued.
For India, usually it takes years to get the card(not sure if it might be quick, depends on your PD) hence taking risk from outside is not good.

 

[harpreps]

As you said, it takes years to get the 485 approved and then to get the green card even with AOS. And you have to renew the EAD/AP every year along with H1b every 3 years. That is a lot of uncertainty and anxious waiting.
That is why I was comparing this with getting the Canadian PR and then either coming back on H1b when the PD is current or when they call for interview. Or changing the application to consular app.
I dont have all the information right now since I have just started the process of AOS filing. So I will have to gather the info from people you have already done something similar or attorneys that can guide me.

 

[harpreps]

In addition to our own restrictions, getting parents to Canada is far easier than helping them move to US.

 

[adaxihui]

As you said, it takes years to get the 485 approved and then to get the green card even with AOS. And you have to renew the EAD/AP every year along with H1b every 3 years. That is a lot of uncertainty and anxious waiting.
That is why I was comparing this with getting the Canadian PR and then either coming back on H1b when the PD is current or when they call for interview. Or changing the application to consular app.
I dont have all the information right now since I have just started the process of AOS filing. So I will have to gather the info from people you have already done something similar or attorneys that can guide me.

Hi, I am having the same situation right now. I have valid h1b visa and AOS. Does that work if we come back to US when the PD is current?