Pursue US GC or use the PR

[simpsonjos]

I got my PR and did the landing in May 2014. I am in the US on a H1B visa and was trying to get my GC on EB1 as I am eligible for the same. (which usually takes less than a year). However my employer is not willing to process EB1 and they are willing to file a EB2 though I play a senior management role and handle the delivery of a pretty large account.

I do have two daughters - 2nd and 6th grade and it will become a mess if the processing takes time. Currently the priority dates for EB2 has gone back to 2005. I am in a dilemma whether to proceed with the GC or move to Canada.

Will appreciate the thoughts from anyone who has been in this sort of situation before, especially with school going children.

I do know if your status does not change to a Permanent Resident in the US, the childeren will not be eligible for scholarships, which is a huge issue as the higher educations in the US is pretty expensive without scholarships.

 

[simpsonjos]

Hi, appreciate if anyone who has gone through a similar situation in the past to provider your thoughts. Thanks!

 

[simpsonjos]

Appreciate the thoughts from anyone who has been in this sort of a situation before. Thanks for your help.

 

[747-captain]

I got my PR and did the landing in May 2014. I am in the US on a H1B visa and was trying to get my GC on EB1 as I am eligible for the same. (which usually takes less than a year). However my employer is not willing to process EB1 and they are willing to file a EB2 though I play a senior management role and handle the delivery of a pretty large account.

I do have two daughters - 2nd and 6th grade and it will become a mess if the processing takes time. Currently the priority dates for EB2 has gone back to 2005. I am in a dilemma whether to proceed with the GC or move to Canada.

Will appreciate the thoughts from anyone who has been in this sort of situation before, especially with school going children.

I do know if your status does not change to a Permanent Resident in the US, the childeren will not be eligible for scholarships, which is a huge issue as the higher educations in the US is pretty expensive without scholarships.

I strongly advise you to abandon your pursuit for a US greencard, since you already have Canadian permanent residence. From a residence requirement standpoint it will be virtually impossible to maintain a Canadian PR, while simultaneously working in the US pursuing a greencard. I have personally been dealing with US immigration for the last 24 years and I can tell you it is an ABSOLUTE NIGHTMARE. They are some of the WORST people you will encounter.

My story is very long and complicated (I was raised in the US since the age of 7), but to put it in a nutshell, my latest case has been ongoing and pending for the last 18 years and that is exactly why I chose to apply to Canada. Although my US adjustment of status case is family-based, my brother (who is a US citizen and a software engineer), knows many people in employment categories who have nightmarish stories as well!! (suddenly being laid off for their company and getting "stuck" etc.)

Since you already have a PR in Canada, you can live in the US for about 3 years without jeopardizing your Canadian PR. But you would lose all of that time which would count towards getting Canadian Citizenship. Also you cannot avail of ANY BENEFITS (for example education for yourself or any dependents) in the US till you actually get your US permanent residence, which as you correctly pointed out is backlogged to 2005 for the EB2 preference category, assuming you are an Indian Citizen (so a wait of about 10 years or so). And even that is if everything goes 100% right, which with US immigration almost NEVER does (especially if they ask you for all kinds of evidence etc.)

So, IMHO, it is to your best advantage to establish yourself in Canada rather than chase a US greencard, which might or might not ever happen!!

 

[fsw_toronto]

I strongly advise you to abandon your pursuit for a US greencard, since you already have Canadian permanent residence. From a residence requirement standpoint it will be virtually impossible to maintain a Canadian PR, while simultaneously working in the US pursuing a greencard. I have personally been dealing with US immigration for the last 24 years and I can tell you it is an ABSOLUTE NIGHTMARE. They are some of the WORST people you will encounter.

My story is very long and complicated (I was raised in the US since the age of 7), but to put it in a nutshell, my latest case has been ongoing and pending for the last 18 years and that is exactly why I chose to apply to Canada. Although my US adjustment of status case is family-based, my brother (who is a US citizen and a software engineer), knows many people in employment categories who have nightmarish stories as well!! (suddenly being laid off for their company and getting "stuck" etc.)

Since you already have a PR in Canada, you can live in the US for about 3 years without jeopardizing your Canadian PR. But you would lose all of that time which would count towards getting Canadian Citizenship. Also you cannot avail of ANY BENEFITS (for example education for yourself or any dependents) in the US till you actually get your US permanent residence, which as you correctly pointed out is backlogged to 2005 for the EB2 preference category, assuming you are an Indian Citizen (so a wait of about 10 years or so). And even that is if everything goes 100% right, which with US immigration almost NEVER does (especially if they ask you for all kinds of evidence etc.)

So, IMHO, it is to your best advantage to establish yourself in Canada rather than chase a US greencard, which might or might not ever happen!!

I completely agree with Captain. It's a much safer bet to pursue a Canadian PR rather than chasing a U.S. GC. If you read through the recenet news article, the U.S. immigration overturned their own decision to grant GCs to H-1B Visa holders and now highly qualified workers in the U.S. (these are some of the best doctors) have to leave the U.S. So as the famous saying goes - "A bird in the hand is worth two in the bush."