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can a canadian PR work in usa , does he need a visa

Karlshammar

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You are right, Leon. My mistake.

I'm still correct in my other statements, though.
 

Leon

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Yes, it's funny that it doesnt' work the other way around, that is for Canadian PR's to be visa exempt to the US. Seems like Canada made a bad deal.
 

Karlshammar

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Yeah, no kidding!

I suppose the Canadians want American PRs to come up and spend their dollars, but the Americans don't care enough about a few Canadian PRs... And PRs can't vote so the Canadian gov't probably doesn't really care to pressure the Americans about it.

That's my unsubstantiated theorizing. :)

Leon said:
Yes, it's funny that it doesnt' work the other way around, that is for Canadian PR's to be visa exempt to the US. Seems like Canada made a bad deal.
 

commonwealth

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Thanks Leon for clarity.
Karl- I spent 4 years on H1b, went through extension and eventually got my employment based GC, and then to USC so i guess i know a little bit. Visited Canada many time just on GC, they don't even ask for your passport. What ever, don't drive to conclusion without getting all facts. I still don’t want to question you because i think you are using your personal time to help and i have the same desire...
 

Karlshammar

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You could also have gotten an employment-based green card even if you were not an H1-B, for example if you were under TN status (NAFTA), or even if you never set foot in the country.

What I am trying to explain is that H1-B is not a path to permanent residency, it is a temporary non-immigrant work status.

You are correct that American PRs can enter Canada without a visa, but your other statements have not been correct, for example you did not know that Canadian citizens are visa-exempt, that British citizens are under the visa-waiver, and that they issue visas at the border...

You can question me all you want, it is by questioning each other that we find out mistakes and get the correct information. Making mistakes is human, but refusing to admit our mistakes is where we truly err... And that can mislead people who may get in serious trouble, or miss out on important opportunities, because someone on this forum made a mistake. We certainly don't want that to happen, right?
 

New2Canada

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Karlshammar said:
What I am trying to explain is that H1-B is not a path to permanent residency, it is a temporary non-immigrant work status.
I always thought of H1B as one of the many paths to GC. One of the paths to GC is through temporary non-immigrant work status but it is not guaranteed. So someone who can qualify for H1B may not get their GC without taking up the H1B but may get their GC after taking up their H1B, which implies H1B is what made the difference. I don't know much about US immigration but that is always the way I had thought of it.
 

commonwealth

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I guess you don't read your own comments, you said in a previous "Nobody can get a visa at the Canadian border." but that is not true, visa-waiver do get visa on the border.

I know H1b is non-immigrant, your comments again "with H1-B status as it is only renewable once", which is not true, *An exception to the 6-year limitation applies to individuals who have part of an employment-based application for permanent residency..

Let's check facts before you lay it out there. I think the rule should apply to both parties - right?
 

commonwealth

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You can get GC without H1b or ever been to US--- if your employer is willing to sponsor you, please read more about I-140. Most employment based GC go through standard track Labor, I-140 to I-145. Hope this helps.
 

New2Canada

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i said 'may', not 'will'.

Good luck Commonwealth and Karlshammer. I hope both of you get a drink together in Canada.
 

Karlshammar

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No, visa-waiver applicants do not get visas at the border. The whole point of the visa-WAIVER program is that you do _not_ need a visa. You get a stamp showing your _status_, not a visa. When entering the U.S.A. you also get an I-94W if you are traveling under the visa-waiver program and an I-94 if you are visa-exempt (Canadian or Bermudan).

Again, the I-94(W) or the stamp in your passport IS NOT A VISA, visa-waiver/visa-exempt travelers do not normally need a visa, and there are NEVER visas issued at the border.

You see an I-94(W) or stamp in your passort, and perhaps think "Oh! A visa!" But it is not a visa.

Do me a favor: write to the U.S. gov't and ask them if they issue visas at their border at all. They will definitely say no, if you need a visa you need to get it from a diplomatic post, and if you are visa-waiver/visa-exempt you will not need nor get a visa under normal circumstances.

I hope I have managed to explain this properly to you this time, commonwealth, but I'm starting to lose hope... :)

The exemption to the six-year requirement applies if your application has been pending for over a year before you get into the status of an applicant for adjustment of status. This is because, as you mentioned, it is a multi-step process: labor market opinion, application processing, and then adjustment of status (or processing at the diplomatic post if applying from abroad).

Either way, H1-B is not a path to permanent residency, and you still have to meet all the qualification requirements for an immigrant category if you want to get an employment-based green card. Being or having been H1-B does not by itself give you a path to PR.
 

commonwealth

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New2- Good idea, nicer way to sync on this topic. We let you folks stay on subject... Cheers.
 

Karlshammar

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I'm in Ontario. Where are you guys? I think we should all three get together for a drink; I'll buy the first round! ;)

New2Canada said:
Good luck Commonwealth and Karlshammer. I hope both of you get a drink together in Canada.
 

garian4u

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I guess even an L1B or L1A can go for a Green Card in the US. In fact I know of a recent case where an L1A got a GC within 2 months.
 

commonwealth

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Correct, One of our neighbor / friend is a Petroleum Engineer works for major Oil company in Houston (We share same industry but different skill set) currently hold Canadian citizenship with L1 visa received his US GC in few months.