Job offer in the US but not yet a Canadian citizen

[RGrullonG]

Hello,

I recently started a negotiation process with a company from the US which is interested in hiring me as a permanent employee. They've told me they will take care of all the arrangements to get me the H-1B visa. Now... I'm not a Canadian Citizen yet (1 year and 9 months as PR) and I'm concern as to how would this would affect my process to become a Canadian Citizen which I'm interested to achieve. I'm aware there's a required minimum period of time (1,095 days) on which I must physically reside in Canadian territory in order to apply for the citizenship, but I wonder if there's a workaround.

No final decision made yet so I'll greatly appreciate your comments.

Regards.

 

[OKK]

Hello,

I recently started a negotiation process with a company from the US which is interested in hiring me as a permanent employee. They've told me they will take care of all the arrangements to get me the H-1B visa. Now... I'm not a Canadian Citizen yet (1 year and 9 months as PR) and I'm concern as to how would this would affect my process to become a Canadian Citizen which I'm interested to achieve. I'm aware there's a required minimum period of time (1,095 days) on which I must physically reside in Canadian territory in order to apply for the citizenship, but I wonder if there's a workaround.

No final decision made yet so I'll greatly appreciate your comments.

Regards.

Lol there is NO WAY AROUND IT....You have to complete 3 years in 4 years period and that is it....And if you do decide to move right after or in between to US then be ready for the love of RQ.

 

[jrou]

Hello,

first of all, the quota for h1b visa for this year has been used up. The earliest date you could start working in the us on an h1b is oct 2014. Try considering other visa options. for example, j1, which is for professionals who hold a degree outside us.

 

[scylla]

Lol there is NO WAY AROUND IT....You have to complete 3 years in 4 years period and that is it....And if you do decide to move right after or in between to US then be ready for the love of RQ.

Agreed. There is no way around the residency requirement for you. You have to chose between Canadian citizenship and the job in the US.

 

[zardoz]

Agreed. There is no way around the residency requirement for you. You have to chose between Canadian citizenship and the job in the US.

Potentially, it's worse than that.. He may have to choose between Canadian PR and the job in the US.
Unless this job is only for a limited time contract of less than three years, he might find himself unable to meet the PR requirements as well in the longer term.

 

[EasyRider]

I recently started a negotiation process with a company from the US which is interested in hiring me as a permanent employee. They've told me they will take care of all the arrangements to get me the H-1B visa. Now... I'm not a Canadian Citizen yet (1 year and 9 months as PR) and I'm concern as to how would this would affect my process to become a Canadian Citizen which I'm interested to achieve. I'm aware there's a required minimum period of time (1,095 days) on which I must physically reside in Canadian territory in order to apply for the citizenship, but I wonder if there's a workaround.

If you're a PR for 1 year 9 months already, assuming you have around 1 year 9 months or close to that of physical presence, you'll be eligible to apply for citizenship around October 2014-- almost exactly at time when you'll be able to start working on h-1b. So, you can file for h-1b next spring, apply for Canadian citizenship and then leave for work to the US next autumn (1 Oct 2014 is the earliest possible date to start working legally on h-1b issued next year). If you need extra days to accumulate 1095 days, you may negotiate start date with employer, you don't have to start working in October.

 

[OKK]

If you're a PR for 1 year 9 months already, assuming you have around 1 year 9 months or close to that of physical presence, you'll be eligible to apply for citizenship around October 2014-- almost exactly at time when you'll be able to start working on h-1b. So, you can file for h-1b next spring, apply for Canadian citizenship and then leave for work to the US next autumn (1 Oct 2014 is the earliest possible date to start working legally on h-1b issued next year). If you need extra days to accumulate 1095 days, you may negotiate start date with employer, you don't have to start working in October.

Yeah do that and start collecting documents/proof for dreaded RQ....hopefully IF all goes well after the RQ you most probably will be a Canadian Citizen by 2018....Good Luck

 

[CanuckForEver]

Hello,

I'm concern as to how would this would affect my process to become a Canadian Citizen which I'm interested to achieve. I'm aware there's a required minimum period of time (1,095 days) on which I must physically reside in Canadian territory in order to apply for the citizenship, but I wonder if there's a workaround.

No final decision made yet so I'll greatly appreciate your comments.

Regards.

As others have said, until you get a Canadian passport it would be a good idea to have your sole presence in Canada only. From your words, it is clear that you want to get your citizenship. Then if I were you I would not straddle between Canada and anywhere. Even after applying for your citizenship, please think twice on moving out of country on long term basis (and definitely not for an employment). Because by the time they take your application for process it would be 12-18 months from the time of your application. By that time they can clearly see all your exits and entries (or lack thereof). The CIC agents and authorities are now advised to look into the intent of the applicant in establishing a Canadian residence even after citizenship, though that's not the criteria in the books. This is highly likely than not to trigger you a residency questionnaire which is dreaded and despised across the board alike. Then you would have put yourself in a situation where a RQ gets at least 4 years to be cleared, even then not necessarily in your favor. We're not here to scare you, but be thankful that there are people who advise you on the reality.

 

[OKK]

Yeah no one is here to scare anyone but if someone says "is there any way around it".....that's where i strongly agree,there should be a RQ for people who are looking for ways around a legal procedure.

 

[RGrullonG]

Hello folks,

I greatly appreciate your comments/advice/warnings. I now have more information to make a better informed decision.

A couple of comments though before closing this thread.

CanuckForEver: Thanks for your insights. I am really thankful, not just for the feedback from the members of this forum, but also from the privilege of being a Canadian PR. There's nothing to be scared of, specially when I haven't decided yet. Like I said before, the purpose of this thread was to gather information in order to make a better informed decision.

OKK: By absolutely no mean I'm looking for a non-legal mean to achive my goals. Never had, never will. Perhaps I misused the term "workaround". If it was me, I would have asked what do I meant with "workaround" and not assume I was looking for a non-legal alternative. My goal was to know if such an alternative exists within the legal boundaries.

Thanks to all of you.

 

[OKK]

Hello folks,

I greatly appreciate your comments/advice/warnings. I now have more information to make a better informed decision.

A couple of comments though before closing this thread.

CanuckForEver: Thanks for your insights. I am really thankful, not just for the feedback from the members of this forum, but also from the privilege of being a Canadian PR. There's nothing to be scared of, specially when I haven't decided yet. Like I said before, the purpose of this thread was to gather information in order to make a better informed decision.

OKK: By absolutely no mean I'm looking for a non-legal mean to achive my goals. Never had, never will. Perhaps I misused the term "workaround". If it was me, I would have asked what do I meant with "workaround" and not assume I was looking for a non-legal alternative. My goal was to know if such an alternative exists within the legal boundaries.

Thanks to all of you.

Good stuff i wish you all best.

 

[us2yow]

And some of these things are also double edged and a question of pros and cons.

Easier to become Canadian PR (up until recently) but the labor market sucks (all those stories of doctors and engineers driving taxis for a worst case, for example), less entrpreneurial innovation. But again also more relaxed life, benefits for kids and family, healthcare.

US - harder to even get a Green Card with MUCH longer waits, expensive health care. BUT also more innovative, entrpreneurial, controversial (in a stimulating way, example with the diverse politics).

I guess you do have to weigh if CDN is better for you or the US. At a time when getting Canadian PR is just getting tougher, you already have it. So, see how you can stay here but also have good employment (which in most cases is better in the US - here you are suppressed and there seems to be more jealousy when immigrants do well - in that sense it is more colonial). Also depends on people's work specialty - IT types have better chances of getting jobs. I know someone in US who gave up their PR and remained there - but now are in job limbo and the ups and downs of H1-b/jumping jobs, long wait to green card.

In short, focus on the practical now even as you keep all these other pointers mentioned above, which are "part of the experience".

 

[OKK]

And some of these things are also double edged and a question of pros and cons.

Easier to become Canadian PR (up until recently) but the labor market sucks (all those stories of doctors and engineers driving taxis for a worst case, for example), less entrpreneurial innovation. But again also more relaxed life, benefits for kids and family, healthcare.

US - harder to even get a Green Card with MUCH longer waits, expensive health care. BUT also more innovative, entrpreneurial, controversial (in a stimulating way, example with the diverse politics).

I guess you do have to weigh if CDN is better for you or the US. At a time when getting Canadian PR is just getting tougher, you already have it. So, see how you can stay here but also have good employment (which in most cases is better in the US - here you are suppressed and there seems to be more jealousy when immigrants do well - in that sense it is more colonial). Also depends on people's work specialty - IT types have better chances of getting jobs. I know someone in US who gave up their PR and remained there - but now are in job limbo and the ups and downs of H1-b/jumping jobs, long wait to green card.

In short, focus on the practical now even as you keep all these other pointers mentioned above, which are "part of the experience".

Agreed....Just to add another pointer US citizens are running towards Canada as we are the best...perfect example of our awesomeness which Americans can never match is HEALTHCARE

 

[NSBoy902]

You need at least 3 years after pr. If you leave, I dont want to jinx it but get ready for rq

 

[OKK]

You need at least 3 years after pr. If you leave, I dont want to jinx it but get ready for rq

Thats not a jinx thats the truth