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abhi_hola

Star Member
Nov 16, 2008
115
0
i am on H1B & the legal term for my existence as per USCIS is 'non-resident alien'; then there are green card holders, who are legally called 'resident aliens' (IRS definitions are different);
on what legal ground is my 'application' for residency (which AOS is) being challenged if I have a PR of another country;
 

Ell.Bee

Hero Member
Jan 18, 2009
508
36
Category........
Visa Office......
Buffalo
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
Feb - 2009
Doc's Request.
Nov - 2009
Nomination.....
Dec - 2009 CIC App. Filed..: May 2010
AOR Received.
08-23-2010
IELTS Request
N/A
File Transfer...
N/A
Med's Request
08-23-2010
Med's Done....
09-09-2010
Interview........
N/A
Passport Req..
03-01-2011
VISA ISSUED...
03-17-2011
LANDED..........
04-06-2011
abhi_hola said:
i am on H1B & the legal term for my existence as per USCIS is 'non-resident alien'; then there are green card holders, who are legally called 'resident aliens' (IRS definitions are different);
on what legal ground is my 'application' for residency (which AOS is) being challenged if I have a PR of another country;
H1B gives you a status of Resident Alien.
Green Card gives the status of Permanant Resident.
 
A

Albertagoverner

Guest
nomad_musafir said:
H1B is Non-Resident Alien
There is a difference between Taxation terms and Immigration terms. In taxation point of view, H1B is Non resident Alien but for Immigration He is a Resident Alien but Not permanent resident untill he gets PR Visa.
 

Ell.Bee

Hero Member
Jan 18, 2009
508
36
Category........
Visa Office......
Buffalo
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
Feb - 2009
Doc's Request.
Nov - 2009
Nomination.....
Dec - 2009 CIC App. Filed..: May 2010
AOR Received.
08-23-2010
IELTS Request
N/A
File Transfer...
N/A
Med's Request
08-23-2010
Med's Done....
09-09-2010
Interview........
N/A
Passport Req..
03-01-2011
VISA ISSUED...
03-17-2011
LANDED..........
04-06-2011
And in the CIC forms they are asking your Immigration Status and not the Taxation Status.
 

abhi_hola

Star Member
Nov 16, 2008
115
0
Albertagovernor - you are wrong; you just mentioned the opposite;

For USCIS H1B is non-resident alien (I know my status); for IRS, anyone staying 181 days or more in USA is termed as resident for taxation purpose.
Officially green card holders are 'resident aliens'; yes green card holders in USA are 'aliens' (like CIC says 'landed immigrant'); think CIC sounds better
 

ingegarcia

Hero Member
Jun 19, 2008
553
11
Edmonton
Category........
Job Offer........
Pre-Assessed..
LANDED..........
28-01-2010
I even read in one forum that a guy with advance parole went to do his landing in Canada and when he was entering to US the officer refused his entrance. Lucky the guy still had some time in his H1B so he requested extension under his employeer and he was able to enter to US again after almost a month... the officer nicely wrote a note in his green card record stating that his green card should be denied if he did give up his Canadian PR...

Personnaly if that happens in my case I don't care... I've been in US for 8 years and currently my perm is being pending for 1.5 years so no hope to get GC anytime soon... my H1b extension was almost denied after 8 years ... so that's why I applied to AINP programme :)) good luck!!

bendjoe said:
I liked this one. Posted on trackitt.
Hi,

I landed in Canada successfully on Apr 4th. I had to return to the US to finish some stuff before taking a vacation and the experience was unforgettable. At the US border office I was quizzed (more like beat up)for about a half hour. The US officer in charge made a copy of my Canadian Landing paper and said that I can't have residency in 2 countries. He said that he was going to stop my residency process in the US, in spite of the fact that I have not even started the US green card process (Labor certification pending) and had applied for Canadian PR atleast a year before my employer applied for my labor cert (changed employers). I thought that he would refuse entry to the US, but luckily after a lot of pleading that I need to finish things up in US, he gave me entry.
So all of you guys/girls on 485 and AOS pending, beware, these are not good times to land in Canada with a PR. Heck, I've not even started my green card process, yet the guy gave me so much of angst and made the 1/2 hr a living hell for me. This is after I've lived 9 years in the US as a law abiding and tax paying person.

http://www.trackitt.com/canada-discussion-forums/landing-in-canada/325816979/horrible-return-experience-from-canada-back-to-usa
 

CanSun

Star Member
Mar 2, 2009
63
8
Guys - why bother to apply for Alberta PNP from US if you are not born in India, China, Phillipines or Mexico. If you are born in any other country than the above and have your documents in place, it will not take you more than 3 years to get your Green Card in the US. Here is the latest Visa numbers from US State Department ::::

Employment Based Categories

Categories Worldwide China (PRC) India Mexico Philippines
1st Current Current Current Current Current
2nd Current 02-15-05 02-15-04 Current Current
3rd Unavailable Unavailable Unavailable Unavailable Unavailable
 

BCguy

Champion Member
Jul 26, 2008
2,041
43
Vancouver British Columbia
Category........
Job Offer........
Pre-Assessed..
LANDED..........
16-03-1976
The recent for hostility is many Americans CANNOT ACCEPT THAT THE US ECONOMY WAS RUINED BY BUSH and that they are now the 45th most stable financial system in the world,They owe China 1 trillion Dollars and the American Standard of Living is now down to 12th in the world.The look on those who Immigrated to the Country with Worlds most stable financial system and 3rd highest standard of living as turncoats who refuse to sink with the United States,You and your families future should go down with the US ship,Yes I am a Proud canadian
 

bendjoe

Hero Member
Aug 23, 2008
335
6
BCguy said:
The recent for hostility is many Americans CANNOT ACCEPT THAT THE US ECONOMY WAS RUINED BY BUSH and that they are now the 45th most stable financial system in the world,They owe China 1 trillion Dollars and the American Standard of Living is now down to 12th in the world.The look on those who Immigrated to the Country with Worlds most stable financial system and 3rd highest standard of living as turncoats who refuse to sink with the United States,You and your families future should go down with the US ship,Yes I am a Proud canadian

They almost admitted responsibility for the crisis. I agree USA is an extremely overvalued country and that bubble is bursting, but I don't expect it to sink.

http://news.bbc.co.uk/2/hi/business/8013253.stm

But what about Alberta.
http://www.edmontonsun.com/News/Alberta/2009/04/24/9226801-sun.html

What do they have other than oil sands may be Beef, wheat, corn?
 

abhi_hola

Star Member
Nov 16, 2008
115
0
if we look at history, I think natural resources take a back-seat to the entrepreneurial spirits of its inhabitants; Russia has way more natural resources than, but they languish in economic growth & stability; North Corea has way more natural resources than South Korea, but...
It is how we use natural resources that brings value to the country, the economic-political system
 

sdesh005

Star Member
Feb 20, 2009
68
0
Albertagoverner said:
Hey bendojoe:

can you please mention your nationality
LOL, for once Mr. Governor did not post in bold type...hahhaa...keep it up gov! this looks a little more decent...
 

dnataraj

Hero Member
Jul 9, 2008
357
6
BCguy said:
The recent for hostility is many Americans CANNOT ACCEPT THAT THE US ECONOMY WAS RUINED BY BUSH and that they are now the 45th most stable financial system in the world,They owe China 1 trillion Dollars and the American Standard of Living is now down to 12th in the world.The look on those who Immigrated to the Country with Worlds most stable financial system and 3rd highest standard of living as turncoats who refuse to sink with the United States,You and your families future should go down with the US ship,Yes I am a Proud canadian
This is an excellent observation.
When people apply for Canadian residency they got to be honest and respect the intent of Canadian immigration. If one treats it as a backup option, in my my view they should be barred from Canadian residency. Canada is so liberal in immigration rules (like 2 years in 5 year term to keep PR alive). One should compare with other countries like Australia, NZ, UK etc and see how much ones education/credentials are respected. And we all have to rememner that Canadian PR is a privilege for us and not a right. Lets make up our minds to give our best to this country which respects our education and skills.
 
A

Albertagoverner

Guest
dnataraj said:
BCguy said:
The recent for hostility is many Americans CANNOT ACCEPT THAT THE US ECONOMY WAS RUINED BY BUSH and that they are now the 45th most stable financial system in the world,They owe China 1 trillion Dollars and the American Standard of Living is now down to 12th in the world.The look on those who Immigrated to the Country with Worlds most stable financial system and 3rd highest standard of living as turncoats who refuse to sink with the United States,You and your families future should go down with the US ship,Yes I am a Proud canadian
This is an excellent observation.
When people apply for Canadian residency they got to be honest and respect the intent of Canadian immigration. If one treats it as a backup option, in my my view they should be barred from Canadian residency. Canada is so liberal in immigration rules (like 2 years in 5 year term to keep PR alive). One should compare with other countries like Australia, NZ, UK etc and see how much ones education/credentials are respected. And we all have to rememner that Canadian PR is a privilege for us and not a right. Lets make up our minds to give our best to this country which respects our education and skills.
Agreed! My personal observation is that the people while they get the PR Visa so they treat it like a ticket to money & wealth generating casino where they only have to worry about money generation. The responsibilities and honor should be more than that. People start cursing the country and system while they move and they are unable to embrass the system just because they couldn't realize thier dream in terms of money, wealth.