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Returning to US while Canadian citizenship in progress

M

Muskmelon

Newbie
Mar 14, 2021
5
0
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.
 
Muskmelon said:
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.
Click to expand...
You can claim the unused H1 but if you have 140 approved then you can get 3 full years.
 
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harirajmohan said:
You can claim the unused H1 but if you have 140 approved then you can get 3 full years.
Click to expand...

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 ?
 
Johnparker said:
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 ?
Click to expand...
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 ?
Click to expand...
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 said:
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.
Click to expand...
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.
 
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Johnparker said:
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 ?
Click to expand...
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.
 
+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.

AGENTOO7 said:
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.
Click to expand...
 
Tara said:
+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.
Click to expand...

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.
 
AGENTOO7 said:
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.
Click to expand...
what? we can do multiple jobs on TN? really? how
 
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