Will my H1B be revoked once I leave my current employer in US to move to CA?

[kevon2310]

Hi Kevon,
I am thinking of settling in GTA area (Ontario) and I am in IT industry. The option you suggested is great - the family moving first but the issue is that my wife is here with me in the US on H4 visa where in she has not been working and she also does not come from IT industry. Hence finding a job for her before I find a job there would be more difficult.

Your wifes situation would certainly be a challenge, but I guess you would also have to factor in how much time you have left on your H1B. Has your company started the green card process for you yet?
You indicated that you have a potential employer in Canada, if everything works out then it makes it easier to move to Canada and don’t have to worry so much about the logistics in the US, the only difference would just be how much time you have to move over there

 

[yodheydhara]

Your wifes situation would certainly be a challenge, but I guess you would also have to factor in how much time you have left on your H1B. Has your company started the green card process for you yet?
You indicated that you have a potential employer in Canada, if everything works out then it makes it easier to move to Canada and don’t have to worry so much about the logistics in the US, the only difference would just be how much time you have to move over there

Right - with current H1B, I still have about 18 months but my current I94 expires in June 2017 and extension is underway. I believe processing a B1 / B2 for my wife would be the ideal way to go in case I need to go to Canada after serving 2 weeks of notice period with my current employer ** If everything works out

 

[kevon2310]

Right - with current H1B, I still have about 18 months but my current I94 expires in June 2017 and extension is underway. I believe processing a B1 / B2 for my wife would be the ideal way to go in case I need to go to Canada after serving 2 weeks of notice period with my current employer ** If everything works out

I wish you the best of luck, let me know how it turns out

 

[yodheydhara]

I wish you the best of luck, let me know how it turns out

Thank you dear, for sure I will keep you posted!

 

[francaispourquebec]

Hi
There are a number of options you can take but need to be conisdered carefully. I happen to be in a similar position you are and sought external lawyer advice that my company uses. Luckily for me, they dont have to tell my employer what I tell them. As explained by my lawyers

"Your H-1B status will cease once you leave the U.S., as it is a U.S.-based non-immigrant status. Therefore, you would need to work with (company name) to arrange for employment authorization/non-immigrant status in whichever country you relocate to, accordingly"

Here is the part that gets even more interesting

"Even though you might continue working for (company name) remotely from outside of the U.S., your H-1B status will cease once you leave the country. It will, however, be reactivated once you return, as long as you are returning in the same H-1B position, and it is within 6 years since last holding H-1B status. If you plan to spend an extended period of time outside of the country please let us know so that we can discuss the best course of action for you with regard to your return, so that you will have an original approval notice with which to receive a new visa stamp upon reentry, and so that your status would resume immediately once you return."

So you could technically work remote and use that time to become a citizen in Canada and still have a small amount of time to come back to the US, but at the same time, who wants to come back at the same position that they left

I haven't decided what I want to do for my own situation and the Trump administration just throws a wrench in everything but hopefully, this gives you some things to think about . . .

This post provides more information than I have ever found in all other forums combined. Thanks a lot kevon2310.

To make this more complicated, did the lawyers say anything about immigration processing (for e.g. if I-140 is filed and approved)? That should remain unaffected regardless of what actions are required on the H1B front I presume. All this is assuming you would continue to work for the same employer across the border. If you quit your current US employer and join a new one in Canada, immigration processing would need to start from scratch. It would be great if you could share some inputs on these aspects if you happen to know.

 

[yodheydhara]

This post provides more information than I have ever found in all other forums combined. Thanks a lot kevon2310.

To make this more complicated, did the lawyers say anything about immigration processing (for e.g. if I-140 is filed and approved)? That should remain unaffected regardless of what actions are required on the H1B front I presume. All this is assuming you would continue to work for the same employer across the border. If you quit your current US employer and join a new one in Canada, immigration processing would need to start from scratch. It would be great if you could share some inputs on these aspects if you happen to know.

In my case, regardless of whether I work for the same employer in Canada or join a new employer, I will be joining there as a Canadian Permanent Resident. With that said, once I quit my current organization, my H1B will be revoked (or to say I will be out of status as far as US status is concerned). If my green card process were also in progress (since you mentioned I-140), that process will not have any impact what so ever if your current employer is ready to give you the priority date. If that happens you can then either ask your new employer (which is very unlikely if its a Canadian employer - why would they want to sponsor US permanent residence) or you may have to pursue it using your own attorney.

Disclaimer - the information regarding Green Card is only based on what I have heard from my colleagues and friends, so please validate this information with other sources as well.

 

[gprasad.n]

If my green card process were also in progress (since you mentioned I-140), that process will not have any impact what so ever if your current employer is ready to give you the priority date. If that happens you can then either ask your new employer (which is very unlikely if its a Canadian employer - why would they want to sponsor US permanent residence) or you may have to pursue it using your own attorney.

Disclaimer - the information regarding Green Card is only based on what I have heard from my colleagues and friends, so please validate this information with other sources as well.

Your friends and colleagues are correct. I got the same answer, when I discussed about my I-140 with the VISA department of my last employer in US. When your PD gets current you can apply provided you have a valid visa status - meaning, you've to be employed in US on H1B with the same / another employer. You may be asked to prove your H1B status with your recent Payslips and etc.

 

[kevon2310]

This post provides more information than I have ever found in all other forums combined. Thanks a lot kevon2310.

To make this more complicated, did the lawyers say anything about immigration processing (for e.g. if I-140 is filed and approved)? That should remain unaffected regardless of what actions are required on the H1B front I presume. All this is assuming you would continue to work for the same employer across the border. If you quit your current US employer and join a new one in Canada, immigration processing would need to start from scratch. It would be great if you could share some inputs on these aspects if you happen to know.

Hi francaispourquebec

I am glad you found the information useful, it is certainly a dilemma trying to figure out if to stay in hopes of US green card while on H1B or just be content with what you’ve gotten in Canada.

My company did release an FAQ just recently concerning the executive order on immigration. Its to lengthy to type and is highly confidential information so I cant screenshot it. The gist of the FAQ once I was done reading it gave me the impression that anyone who is Muslim or is from a Muslim majority country would be better off with a Canadian permanent residence than trying to struggle for a US green card while on H1B due to the current US administration

Oh as an FYI to my original post, I did ask the lawyers what would happen if you received a promotion while outside the country. They indicated to me that the company would inform them well in advance of the promotion so they could make an amendment to the petition pending return to the country

Now as to your question concerning immigration processing, this area is so blurry. I did have a meeting with HR and a former boss to walk me through the process but given what they told me, it just seemed to take so much time and too many factors which equals more risk. If your I-140 is approved, the last stage left is the I-485, you have to wait for priority date to become current plus during the green card process "You must maintain valid work authorization while your permanent residence case is pending", Notice, it did not say H1B, it said valid work authorization. This would cover L-1 as well as my company files for folks on that visa. Regardless, you would have to be on H1B or L1 during the process

 

[boatyyo]

I am currently working in US on H1b (waiting for the elusive GC). I'm also applying for Canada PR.
If my and spouse get PR, we want to move to Canada soon for citizenship.
If my company in the US allowed me to "work from home" in Canada (i will move there on PR), can they still continue with my GC process?

I don't want to quit my current company and since i'm in consulting, they might be ok with me living there as well as long as i can travel to US on projects.
Just wanted to explore any options to keep my GC process in US also rolling. My priority date is from 2012 so i'm getting there.

 

[yodheydhara]

I am currently working in US on H1b (waiting for the elusive GC). I'm also applying for Canada PR.
If my and spouse get PR, we want to move to Canada soon for citizenship.
If my company in the US allowed me to "work from home" in Canada (i will move there on PR), can they still continue with my GC process?

I don't want to quit my current company and since i'm in consulting, they might be ok with me living there as well as long as i can travel to US on projects.
Just wanted to explore any options to keep my GC process in US also rolling. My priority date is from 2012 so i'm getting there.

I am in the same situation as you. I did talk to my employer and they said they can transfer me to Canada but that will take some time. If your employer is going to make you their Canada division employee and start paying you in CAD, then your H1B will not be valid. Then you will need a different visa to enter, or your employer can still process it (** I am not sure about this**). Since I already have the Canadian PR and am just waiting for a good job offer or something to work out with my current employer, I can confidently say that Canada process will work out better.

 

[boatyyo]

I am in the same situation as you. I did talk to my employer and they said they can transfer me to Canada but that will take some time. If your employer is going to make you their Canada division employee and start paying you in CAD, then your H1B will not be valid. Then you will need a different visa to enter, or your employer can still process it (** I am not sure about this**). Since I already have the Canadian PR and am just waiting for a good job offer or something to work out with my current employer, I can confidently say that Canada process will work out better.

Thank you for your response. So basically there is no way to keep our position in the GC line if one moves to Canada on PR?

 

[yodheydhara]

Thank you for your response. So basically there is no way to keep our position in the GC line if one moves to Canada on PR?

Well, if the process for GC has already started, you dont have to be physically in the US, the GC application process can continue even if you are outside US once it has started. But if you were going to leave your current employer, then they wouldnt pay for the GC processing, which means you will have to hire attorneys to proceed with your case. At least that is what my understanding is.

Please see comments from one of the very able and helpful members of this forum Mr GPrasad in the same thread.