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Moving from USA(H1B) to Canada(PR)

zentury

Star Member
Oct 15, 2014
176
30
Category........
Visa Office......
CPC-O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
13-06-2014
File Transfer...
FBI PCC received 20-02-2015
Med's Request
24-11-2014
Med's Done....
22-12-2104 Meds -Received 13-02-2015 - after 2 months
Interview........
NA
VISA ISSUED...
April 2015
LANDED..........
May 2015
deadbird said:
Glad you are enjoying your life in Canada! and I completely agree with the sentiment of escaping H1b slavery. I am sick of hearing the term 'Alien'. WTF is an alien? Do I have tentacles coming out of my head? However, when it comes to taxation the IRS is all ready to collect FICA.
Exactly. Anywhere we go , we get bitten by the taxes. I did compare apples to apples and I turns out be the same end result. From Career stand-point, I can progress further, compared to a stagnant role (YMMV).
 

Thinkin

Star Member
Jan 4, 2016
120
2
deadbird said:
This is completely wrong!

CBSA has complete authority to prevent you from entering Canada if it feels that there's no way you can satisfy the 2 out of 5 years requirement. Some people do manage to sneak through but you would be taking a great risk.

Moreover during the time of your PR renewal (5 years from landing), it appears that if you barely satisfy 730 days of residence there is a very good chance of your application going into secondary review. Secondary review is a completely opaque process with no guarantees of processing time limits. For some it takes up to 2 years. During this time you will not have your PR card and if for some reason you leave Canada you won't be able to re-enter or apply for a PRTD. See for the many folks affected by the insanity of Secondary review - http://www.canadavisa.com/canada-immigration-discussion-board/secondary-review-petition-t399342.0.html.

To be on the safe side, you should try to have atleast 900 days of residence in any 5 year window.
Just read this post. Making plans to enter with like 15 to 30 day buffer with 730 days so like 745 days or so in Canada in 5 years. Scary to see this post. So at-least they will let me in in the worst case but I will not be allowed to get out right? I am going to Canada for stability and peace of mind from this H1-B drama in the US. Now things seem scary in Canada too. Also, I have a 2 year old child, who is a US citizen. How can I apply for his PR, if they take away the PR cards, I guess they can use the CoPR?
 

deadbird

Hero Member
Jan 9, 2016
648
193
Thinkin said:
Just read this post. Making plans to enter with like 15 to 30 day buffer with 730 days so like 745 days or so in Canada in 5 years. Scary to see this post. So at-least they will let me in in the worst case but I will not be allowed to get out right? I am going to Canada for stability and peace of mind from this H1-B drama in the US. Now things seem scary in Canada too. Also, I have a 2 year old child, who is a US citizen. How can I apply for his PR, if they take away the PR cards, I guess they can use the CoPR?
Secondary review only affects travel into/out of Canada since it deals with the PR card. As long as you are physically present in Canada, you have all the rights and privileges of a Canadian PR holder. Is your US citizen child also a Canadian PR holder? If not it looks pretty tricky - http://www.canadavisa.com/canada-immigration-discussion-board/child-born-after-landing-outside-canada-t112848.0.html. Either you or your spouse should move to Canada ASAP and start the sponsorship process.
 

Thinkin

Star Member
Jan 4, 2016
120
2
deadbird said:
Secondary review only affects travel into/out of Canada since it deals with the PR card. As long as you are physically present in Canada, you have all the rights and privileges of a Canadian PR holder. Is your US citizen child also a Canadian PR holder? If not it looks pretty tricky - http://www.canadavisa.com/canada-immigration-discussion-board/child-born-after-landing-outside-canada-t112848.0.html. Either you or your spouse should move to Canada ASAP and start the sponsorship process.
The link talks about child born in India. My child is a US citizen, so I was told he is visa exempt to enter Canada for 6 months. In this period we were planning to apply for the child's PR status. I am not sure how long does it take to get the PR card for the child after applying. Let me know if I overlooked something. Also, since secondary review deals with PR card, would it be safer to enter by car and use the CoPR document that is not allowed to be used to for entry by commercial vehicle.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
Thinkin said:
The link talks about child born in India. My child is a US citizen, so I was told he is visa exempt to enter Canada for 6 months. In this period we were planning to apply for the child's PR status. I am not sure how long does it take to get the PR card for the child after applying. Let me know if I overlooked something. Also, since secondary review deals with PR card, would it be safer to enter by car and use the CoPR document that is not allowed to be used to for entry by commercial vehicle.
I believe visa exemption is only for adults who are USCs and not children. I think you still need a document for them to enter. You will have to post this question in family section or express entry section to get accurate and relevant responses. If your deadlines are approaching, you need to work real fast on this.
 

deadbird

Hero Member
Jan 9, 2016
648
193
Thinkin said:
The link talks about child born in India. My child is a US citizen, so I was told he is visa exempt to enter Canada for 6 months. In this period we were planning to apply for the child's PR status. I am not sure how long does it take to get the PR card for the child after applying. Let me know if I overlooked something. Also, since secondary review deals with PR card, would it be safer to enter by car and use the CoPR document that is not allowed to be used to for entry by commercial vehicle.
You do raise a good point that US citizens have visa free access to Canada. However, as @Deepcur said this may only be applicable for adults. Please double check with the "family" or "settlement issues" section.

The secondary review is only applicable after you submit your PR card for renewal at the end of 5 years after landing. I doubt that CoPR as an immigration document will be accepted for entry into Canada 5 years after landing. I expect that they would want you to have a PRTD visa for re-entry without a PR card in that situation; but getting a PRTD is useless if your application is under SR. This is the main reason that SR sucks, it locks you into staying in Canada until your PR renewal is cleared with no guarantees of processing times. Effectively, Canada lets you maintain PR status by staying in Canada every 2.5 years/5 years.
 

Thinkin

Star Member
Jan 4, 2016
120
2
DEEPCUR said:
I believe visa exemption is only for adults who are USCs and not children. I think you still need a document for them to enter. You will have to post this question in family section or express entry section to get accurate and relevant responses. If your deadlines are approaching, you need to work real fast on this.
Actually turns out that the rules for children are even more lenient. See link: http://traveltips.usatoday.com/information-passports-children-going-canada-59751.html.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
Thinkin said:
Actually turns out that the rules for children are even more lenient. See link: http://traveltips.usatoday.com/information-passports-children-going-canada-59751.html.
I hope you are aware that it is not the right link to confirm this. Google this and read this through the forum - 'baby born outside canada to pr parents'. I just did it quickly and it seems that you can take in your child as the baby is from visa exempt country. But you really need to validate this from CIC to avoid any issues at border.
 

APPNOV2014NY

VIP Member
Nov 21, 2014
3,005
1,099
DEEPCUR said:
I hope you are aware that it is not the right link to confirm this. Google this and read this through the forum - 'baby born outside canada to pr parents'. I just did it quickly and it seems that you can take in your child as the baby is from visa exempt country. But you really need to validate this from CIC to avoid any issues at border.
http://www.canadavisa.com/canada-immigration-discussion-board/applying-pr-for-my-new-born-t474863.0.html;msg5804997#msg5804997

Talk to gprasad.n
 

Thinkin

Star Member
Jan 4, 2016
120
2
APPNOV2014NY said:
http://www.canadavisa.com/canada-immigration-discussion-board/applying-pr-for-my-new-born-t474863.0.html;msg5804997#msg5804997

Talk to gprasad.n
Sent message to gprasad.n. Looking at the post below seems like US Citizen minor can come with US passport. http://www.canadavisa.com/canada-immigration-discussion-board/sponsor-our-us-citizen-child-inside-canada-t246134.0.html
 

mshaikh

Hero Member
Mar 5, 2012
248
8
Category........
Visa Office......
CPP-Ottawa
NOC Code......
7216
Job Offer........
Pre-Assessed..
App. Filed.......
29-06-2011
Doc's Request.
None
Nomination.....
N/A
AOR Received.
01-10-2011 (Initial review is complete)
IELTS Request
Submitted with application
File Transfer...
Buffalo - Ottawa (June 2012)
Med's Request
23-10-2013
Med's Done....
21-11-2013
Interview........
none
Passport Req..
13-2-2014
VISA ISSUED...
04-03-2014
LANDED..........
23-9-2014
Did you end up moving or not? I am right after you in terms of deadline.

MK776 said:
My PD is March 2011(EB2) and I am nearing my Canadian PR deadline of residency requirement, I have to move by end of Feb 2017. I have 2 kids born in US and 3rd one due later this year. I am so in dilemma now. I sometimes come to a decision on packing up and moving to Canada, and sometimes i say let me stay here and face the uncertainty with the H1B extensions , US-GC here. If i decide to stay here and see the US GC dream shattered, by that time the door to Canada would be shut.
Can people who are/were in a similar situation like mine and have moved to Canada or stayed back throw some advice. I know ultimately it would be me who has to make a decision, but getting some opinions would be helpful in this process.
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
mshaikh said:
Did you end up moving or not? I am right after you in terms of deadline.
If you get a job, I would suggest you to move ASAP. Looking at the way visa bulletin progresses, PD 2011 is not going to be current in next 5 years. If the change the US EB immigration system to something else (like Canada) like Trump is planning, you will be limbo. All the priority date concept would be done away and the new system might solely be based on points.
 

deadbird

Hero Member
Jan 9, 2016
648
193
DEEPCUR said:
If you get a job, I would suggest you to move ASAP. Looking at the way visa bulletin progresses, PD 2011 is not going to be current in next 5 years. If the change the US EB immigration system to something else (like Canada) like Trump is planning, you will be limbo. All the priority date concept would be done away and the new system might solely be based on points.
Do have a reference to the point based system that Trump is planning?
 

DEEPCUR

Champion Member
Apr 12, 2016
2,428
642
deadbird said:
Do have a reference to the point based system that Trump is planning?
He hinted that he wants to move to a merit based system like Canada and Australia several times. Google Trump's merit based system and you get tons of links.

Even otherwise, 2011 PD is never going be current in next few years. EB2 is getting only 2800 visas as spill overs have drained from other categories and all are consumed by EB3 porters from 2008-2009. The date has hardly moved in last 6 months or so.