Question about Green card and Canada PR

[maruti81]

Hi,
I got my PR visa and on my way to landing soon...

Currently I am on H1B visa in USA, my I-140 is approved and waiting for my priority date (Oct 2007) to become current, for the Green card process...

But I feel like quitting my H1B and go to Canada for my freedom

My question: Will the GC process can continue without any issues if I drop my H1B and move to Canada? Will there be any issues for GC process? I am just curious about this. Please let me know what you think.

Thanks.

[anumatri]

yes u can go canada ,and when ever the priority date become current u can apply 485 and u can get EAD .but talk 2 y company laywer

[maruti81]

yes u can go canada ,and when ever the priority date become current u can apply 485 and u can get EAD .but talk 2 y company laywer

Thanks anumatri for your response and suggestions

[anumatri]

welcome

[blueray333]

Hi,
I got my PR visa and on my way to landing soon...

Currently I am on H1B visa in USA, my I-140 is approved and waiting for my priority date (Oct 2007) to become current, for the Green card process...

But I feel like quitting my H1B and go to Canada for my freedom

My question: Will the GC process can continue without any issues if I drop my H1B and move to Canada? Will there be any issues for GC process? I am just curious about this. Please let me know what you think.

Thanks.

I believe it won't continue. Because your H1B is tied to your company. If you resign, without having it transferred, your H1B becomes invalid. Also, for you to apply for GC via H1B, you need your employer for sponsorship. Now if you resign, the employer won't continue it for you.

[Leon]

If you want the green card and would stay in the US if you got it, you should land as a PR, get your SIN and then go back to the US and continue your GC application.  As a Canadian PR, you can be outside Canada for up to 3 in every 5 years so if your GC doesn't work out in the next 3 years, you can still move to Canada.  Otherwise, you will have a GC and a PR and can decide where you will live.

For the GC, there are no certain residency requirements like for PR but they can actually take it away from you at any time if they believe you are permanently living outside the US.  Mostly though, it is if you have been away from the US for more than a year.  Even with 6 months, you might have problems.  A few years back, many people were keeping a GC alive by visiting the US every 6 months but I think after 9-11 they keep a better watch of who is actually living there.  It could therefore be hard to keep both.

[maruti81]

If you want the green card and would stay in the US if you got it, you should land as a PR, get your SIN and then go back to the US and continue your GC application.  As a Canadian PR, you can be outside Canada for up to 3 in every 5 years so if your GC doesn't work out in the next 3 years, you can still move to Canada.  Otherwise, you will have a GC and a PR and can decide where you will live.

For the GC, there are no certain residency requirements like for PR but they can actually take it away from you at any time if they believe you are permanently living outside the US.  Mostly though, it is if you have been away from the US for more than a year.  Even with 6 months, you might have problems.  A few years back, many people were keeping a GC alive by visiting the US every 6 months but I think after 9-11 they keep a better watch of who is actually living there.  It could therefore be hard to keep both.

Thanks everyone who helped with their inputs, and especially Leon
Have a blessed day.

[canada_dream100]

Hi,
I got my PR visa and on my way to landing soon...

Currently I am on H1B visa in USA, my I-140 is approved and waiting for my priority date (Oct 2007) to become current, for the Green card process...

But I feel like quitting my H1B and go to Canada for my freedom

My question: Will the GC process can continue without any issues if I drop my H1B and move to Canada? Will there be any issues for GC process? I am just curious about this. Please let me know what you think.

Thanks.

you can continue with your plan to land in Canada, and for GC, it is up to your employer, if your employer is ready to file 485 for you even after you leave the company, you are good to go to Canada, cancelling your H1B won't effect on your GC prospects if your employer is ready to file 485.

[WaitingForPR_09]

As long as you are moving to Canada or India with same employer then GC will not be an issue. But if the employer is changed then GC processing will be impacted. Please discuss this with you attorney in detail to find out if there are any loop holes.

Hi,
I got my PR visa and on my way to landing soon...

Currently I am on H1B visa in USA, my I-140 is approved and waiting for my priority date (Oct 2007) to become current, for the Green card process...

But I feel like quitting my H1B and go to Canada for my freedom

My question: Will the GC process can continue without any issues if I drop my H1B and move to Canada? Will there be any issues for GC process? I am just curious about this. Please let me know what you think.

Thanks.

[maruti81]

Thank you canada_dream100 and WaitingForPR_09 too for your inputs