Moving to Canada in November 2018. Need advise.

[gunneri]

Hi,

I am in my OPT Extension working as a Full-time employee in Newyork from 3 years. My OPT extension is expiring on Dec 2018. In addition, my H1B is picked this year and currently in process.

Recently, I applied for jobs in Canada and secured a job. They have applied for Global Talent Stream visa which will get processed in 10 days. So that, I can get my LMIA.

Using LMIA, they want me to submit the temporary work permit which will take 2 weeks to process. Also, I have written IELTS recently and secured L-8.5, R-7.5, S-7, W-6.5. So CRS score is showing as 464. So, can I apply for Temporary work permit and Express entry for PR at the same time? Please advise.

Also, if I get my H1B, I will not be using it. So, can I pause my H1B and use it whenever I come back? please advise. I'd appreciate your response.

Thanks

 

[DEEPCUR]

All you said looks all good, my only sincere advise to you would be to wait for H1 approval, activate your H1b, have at least two pay checks run before you move out. Reinstating H1 without ever activating is so much of a grey area and you wouldn't want to find out in future that it won't be possible to do that.

 

[gunneri]

All you said looks all good, my only sincere advise to you would be to wait for H1 approcal, activate your H1b, have at least two pay checks run before you move out. Reinstating H1 without ever activating is so much of a grey area and you wouldn't want to find out in future that it won't be possible to do that.

Recently my company submitted my RFE so, I wouldn't expect my result by December. That being said, my OPT will get expired by that time. So, I don't have any options. Please suggest.

 

[scylla]

Hi,

I am in my OPT Extension working as a Full-time employee in Newyork from 3 years. My OPT extension is expiring on Dec 2018. In addition, my H1B is picked this year and currently in process.

Recently, I applied for jobs in Canada and secured a job. They have applied for Global Talent Stream visa which will get processed in 10 days. So that, I can get my LMIA.

Using LMIA, they want me to submit the temporary work permit which will take 2 weeks to process. Also, I have written IELTS recently and secured L-8.5, R-7.5, S-7, W-6.5. So CRS score is showing as 464. So, can I apply for Temporary work permit and Express entry for PR at the same time? Please advise.

Also, if I get my H1B, I will not be using it. So, can I pause my H1B and use it whenever I come back? please advise. I'd appreciate your response.

Thanks

FYI - Global Talent Stream isn't a guaranteed 10 days. Some are certainly processed within 10 days - some stretch out much longer. Hopefully you benefit from the 10 days.

 

[DEEPCUR]

Recently my company submitted my RFE so, I wouldn't expect my result by December. That being said, my OPT will get expired by that time. So, I don't have any options. Please suggest.

Can you work remotely from india for a while? I don't expect your result to go beyond 12/12.. even if it does, it may not be for long

 

[gunneri]

Can you work remotely from india for a while? I don't expect your result to go beyond 12/12.. even if it does, it may not be for long

So, if I stay in USA and generate two slips, can I reinstate my H1B in the future with a new employer? Please advise.

Also, can I apply for temporary work permit and PR at a same time for Canada? I'd appreciate your response in this matter

 

[gunneri]

FYI - Global Talent Stream isn't a guaranteed 10 days. Some are certainly processed within 10 days - some stretch out much longer. Hopefully you benefit from the 10 days.

Sounds about right. I am hoping to get this done by end of October.

 

[lankyfellow]

So, if I stay in USA and generate two slips, can I reinstate my H1B in the future with a new employer? Please advise.

Technically, the "reinstatement" doesn't exist in the scenario you are referring to. But I get your point. The answer is Yes. It will be a fresh H1B application, but since you would have already been on an active H1B in the past, you wouldn't have to wait for the lottery in April and work permit begin date in Oct. In other words, you wouldn't have to worry about the quota again and can apply with a new employer and come back any time of the year.

 

[APPNOV2014NY]

and if someone didn't activate his H1b and a new employer files a new H1 application for him/her, will this new H1b application be cap-exempt?

 

[gunneri]

and if someone didn't activate his H1b and a new employer files a new H1 application for him/her, will this new H1b application be cap-exempt?

I have the same question too

 

[gunneri]

Technically, the "reinstatement" doesn't exist in the scenario you are referring to. But I get your point. The answer is Yes. It will be a fresh H1B application, but since you would have already been on an active H1B in the past, you wouldn't have to wait for the lottery in April and work permit begin date in Oct. In other words, you wouldn't have to worry about the quota again and can apply with a new employer and come back any time of the year.

Thanks, will my H1B for a new employer gonna be cap-exempt? Please suggest.

Also, can you let me know whether I can apply temporary work permit and PR at the same time in canada?

 

[gunneri]

All you said looks all good, my only sincere advise to you would be to wait for H1 approval, activate your H1b, have at least two pay checks run before you move out. Reinstating H1 without ever activating is so much of a grey area and you wouldn't want to find out in future that it won't be possible to do that.

Hi Deep. I received my H1B approval and paycheck is generated for a month. However, I don't have time to go for stamping now.

I am leaving to Canada and my US employer is withdrawing my H1B. Having said that, after 1 or 2 years. Can I come back using this H1B if a new US employer file a new H1B under cap exempt (since I already have an H1B)

 

[DEEPCUR]

Hi Deep. I received my H1B approval and paycheck is generated for a month. However, I don't have time to go for stamping now.

I am leaving to Canada and my US employer is withdrawing my H1B. Having said that, after 1 or 2 years. Can I come back using this H1B if a new US employer file a new H1B under cap exempt (since I already have an H1B)

Yes definitely, go ahead with your move. Stamping is not needed or doesn't mean anything. Make sure you download the copy of payslips and keep it safely, so do your H1 approval copy. Rule says one must have been in H1b status once in last 6 years to be exempt from the cap. As soon as you started working on your H1b, you have been in H1b status. Good luck.