Returning to US while Canadian citizenship in progress

[Muskmelon]

Hi,
My Canadian citizenship application is in progress. With current covid-induced delays and backlog, wait time is pretty long.

Meanwhile, I have unused time on H-1B visa. Believe this can be reclaimed using a cap exempt petition. Question is, has anyone gone through this route before? Are there any special pointers?

Thanks.

 

[harirajmohan]

Hi,
My Canadian citizenship application is in progress. With current covid-induced delays and backlog, wait time is pretty long.

Meanwhile, I have unused time on H-1B visa. Believe this can be reclaimed using a cap exempt petition. Question is, has anyone gone through this route before? Are there any special pointers?

Thanks.

You can claim the unused H1 but if you have 140 approved then you can get 3 full years.

 

[Muskmelon]

You can claim the unused H1 but if you have 140 approved then you can get 3 full years.

Thanks. No I-140. Only H-1B. Remaining period is less than 3 years but more than 2 years.

 

[Johnparker]

You can claim the unused H1 but if you have 140 approved then you can get 3 full years.

what will if you become canadian citizen and you are in US on H1B ? Will it be valid US status for you or you need to come back canada and apply TN to work in US ?

If you become canadian citizen , Will you be able to get US GC on your approved I 140 ?

 

[Muskmelon]

what will if you become canadian citizen and you are in US on H1B ? Will it be valid US status for you or you need to come back canada and apply TN to work in US ?

In such a case, one doesn't have to come back to Canada. Canadians are eligible for both H-1B and TN-1 visa.

If you become canadian citizen , Will you be able to get US GC on your approved I 140 ?

US GC via employment is related to your work visa. TN-1 visa which Canadians (from certain job roles) qualify for is not eligible for US GC as it's a non-immigrant visa. There is an old but very helpful post regarding this which explains the nuances.
On the other hand, H1-B visa (dual intent visa) allows you to pursue permanent immigration.

 

[Muskmelon]

Hi,
Anyone in similar situation in the past or present? Your experiences please.

 

[novascotia27]

In such a case, one doesn't have to come back to Canada. Canadians are eligible for both H-1B and TN-1 visa.


US GC via employment is related to your work visa. TN-1 visa which Canadians (from certain job roles) qualify for is not eligible for US GC as it's a non-immigrant visa. There is an old but very helpful post regarding this which explains the nuances.
On the other hand, H1-B visa (dual intent visa) allows you to pursue permanent immigration.

This is not true, Canadian Citizens can suscefully transition from TN-1 to GC through employment sponsorship. The only nuance of this is that you may not leave the U.S. while your GC is in process since TN-1 is not a dual-intent status.

 

[harirajmohan]

1. what will if you become canadian citizen and you are in US on H1B ?
2. Will it be valid US status for you or you need to come back canada and apply TN to work in US ?

3. If you become canadian citizen , Will you be able to get US GC on your approved I 140 ?

1. What do you mean? For US legal visa status, there should not be any change (same as before Canadian citizenship). Whenever you renew your visa, you use the current passport(doesnt matter which country it is from).
2. No, you can change your status within US, as its not dependent on your current passport(even though new visa status requires certain passport which is different matter).
3. Its not straight forward. But as novascotia27 said, you can do it. There was very good post on step by step instructions and explanation for it but i didnt store that link hence you need to search for it and refer.

 

[Samoinp]

For any one going this route, make sure to inform CIC.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/after-apply-next-steps.html

While we process your application, contact us if any information on your application changes or if you

• change your address
• plan to leave Canada for more than 2 weeks in a row
• can’t check your application status online and the normal processing time for your application has passed
• are charged with a crime

 

[Tara]

+1
One can argue it's possible technically, but practically not a viable to stay landlocked for decades if you were born in the GC backlogged country. Due to this reason, many such TN/E visa holders convert to H1B and seek GCs.

This is risky but only works , if you are NOT Indian or Chinese born. The applicant's priority date needs to be current for hopping from TN to GC. For most immigrants to Canada that are Indian or Chinese born TN route isn't a viable path to US GC considering the wait times due to over subscription.

 

[AGENTOO7]

+1
One can argue it's possible technically, but practically not a viable to stay landlocked for decades if you were born in the GC backlogged country. Due to this reason, many such TN/E visa holders convert to H1B and seek GCs.

What you described is basically H1B --->GC, and TN status has no bearing on that process at all, except that TN gives someone a bit more leverage in finding a US H1B employer while being in US. Born Canadians or those Canadians from less subscribed countries transition from TN to GC by timing it right, usually right after a first extension for 3 year period is granted. TN in itself is way more appealing, if you want earn quick money and don't have intention of pursuing a GC. You have no limit on number of jobs you can work, that in itself will give you 2-3x boost in your total compensation, if you play it right.The same applies for E3 in case of Australians.

 

[desmat]

What you described is basically H1B --->GC, and TN status has no bearing on that process at all, except that TN gives someone a bit more leverage in finding a US H1B employer while being in US. Born Canadians or those Canadians from less subscribed countries transition from TN to GC by timing it right, usually right after a first extension for 3 year period is granted. TN in itself is way more appealing, if you want earn quick money and don't have intention of pursuing a GC. You have no limit on number of jobs you can work, that in itself will give you 2-3x boost in your total compensation, if you play it right.The same applies for E3 in case of Australians.

what? we can do multiple jobs on TN? really? how

 

[harirajmohan]

what? we can do multiple jobs on TN? really? how

Seems like its true.
https://www.visalawyerblog.com/tips-obtaining-tn-visa-approval-multiple-employers/
https://bdzlaw.com/nafta-tn-blog/2012/3/12/can-i-have-more-than-one-tn-visa-simultaneously.html#:~:text=Yes, individuals may obtain TN,employment authorization at the border.

Thanks for the note @AGENTOO7