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L1B -> EB3 -> Green Card BUT Want to maintain PR status

SamtoCanada

Star Member
Jan 9, 2020
59
7
Sorry for the long post but I'll try to share my situation and really need some help after scrapping reddit and this forum for the past couple of months on this.

Dates:
  1. Got L1B in May 2021
  2. Move to US on June 2021
  3. Have extended my L1B multiple times and my i94 now is valid till Feb 2026 - (could be extended till May 2026) - visa is expired.
  4. Was granted a Canadian PR in September 2022
  5. Havent stayed in Canada after soft landing - if I want to retain the PR - will need to spend 2 years till 2027
  6. I am not from a congested country i.e. India/China
Now my company has a policy of starting the green card application only after 2 years but due to changes within company this haven't started yet.

I am told that the PWD should start by start of May - I do trust them in this.

Considering the following timeline:

  1. PWD start of May - (8-12 months) January - March 2025
  2. U.S. Labor Market Test (2 months) March - April 2025
  3. Submit PERM application (12-14 months) April - May 2026
Hence till the time PERM approval comes by May 2026 - the max time limit for my L1B will end.
and if i dont enter Canada by this time - I wouldn't have enough time to complete RO (residency obligation) of 2 years by Sept 2027

I am torn on what to do - last year I did apply for a lot of jobs, I have landed a couple of interviews but things have been dry since the last 6-8 months.

I can take a leap of faith - leave everything in the US and move to Canada
But it sounds stupid because:
  1. I dont have a job yet
  2. I'd have to let go the green card
I know I am saying this again - but I am really torn on what decision to take.
It is always on my mind and I am fine travelling back and forth but I need a plan to attack this.

Your help would be greatly appreciated.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,942
1,903
Earth
Sorry for the long post but I'll try to share my situation and really need some help after scrapping reddit and this forum for the past couple of months on this.

Dates:
  1. Got L1B in May 2021
  2. Move to US on June 2021
  3. Have extended my L1B multiple times and my i94 now is valid till Feb 2026 - (could be extended till May 2026) - visa is expired.
  4. Was granted a Canadian PR in September 2022
  5. Havent stayed in Canada after soft landing - if I want to retain the PR - will need to spend 2 years till 2027
  6. I am not from a congested country i.e. India/China
Now my company has a policy of starting the green card application only after 2 years but due to changes within company this haven't started yet.

I am told that the PWD should start by start of May - I do trust them in this.

Considering the following timeline:

  1. PWD start of May - (8-12 months) January - March 2025
  2. U.S. Labor Market Test (2 months) March - April 2025
  3. Submit PERM application (12-14 months) April - May 2026
Hence till the time PERM approval comes by May 2026 - the max time limit for my L1B will end.
and if i dont enter Canada by this time - I wouldn't have enough time to complete RO (residency obligation) of 2 years by Sept 2027

I am torn on what to do - last year I did apply for a lot of jobs, I have landed a couple of interviews but things have been dry since the last 6-8 months.

I can take a leap of faith - leave everything in the US and move to Canada
But it sounds stupid because:
  1. I dont have a job yet
  2. I'd have to let go the green card
I know I am saying this again - but I am really torn on what decision to take.
It is always on my mind and I am fine travelling back and forth but I need a plan to attack this.

Your help would be greatly appreciated.
God it’s annoying when people want their cake and eat it too
 
  • Like
Reactions: rcincanada2019

vensharm

Star Member
Jul 29, 2015
89
29
Sorry for the long post but I'll try to share my situation and really need some help after scrapping reddit and this forum for the past couple of months on this.

Dates:
  1. Got L1B in May 2021
  2. Move to US on June 2021
  3. Have extended my L1B multiple times and my i94 now is valid till Feb 2026 - (could be extended till May 2026) - visa is expired.
  4. Was granted a Canadian PR in September 2022
  5. Havent stayed in Canada after soft landing - if I want to retain the PR - will need to spend 2 years till 2027
  6. I am not from a congested country i.e. India/China
Now my company has a policy of starting the green card application only after 2 years but due to changes within company this haven't started yet.

I am told that the PWD should start by start of May - I do trust them in this.

Considering the following timeline:

  1. PWD start of May - (8-12 months) January - March 2025
  2. U.S. Labor Market Test (2 months) March - April 2025
  3. Submit PERM application (12-14 months) April - May 2026
Hence till the time PERM approval comes by May 2026 - the max time limit for my L1B will end.
and if i dont enter Canada by this time - I wouldn't have enough time to complete RO (residency obligation) of 2 years by Sept 2027

I am torn on what to do - last year I did apply for a lot of jobs, I have landed a couple of interviews but things have been dry since the last 6-8 months.

I can take a leap of faith - leave everything in the US and move to Canada
But it sounds stupid because:
  1. I dont have a job yet
  2. I'd have to let go the green card
I know I am saying this again - but I am really torn on what decision to take.
It is always on my mind and I am fine travelling back and forth but I need a plan to attack this.

Your help would be greatly appreciated.
Don’t let your Green Card go at the cost of Canadian PR. Job market in Canada is not as good as the US Market. It is hard to find a job in Canada and especially a good salary job. If you are confident that you will get your green card then dont let it go.
 

SamtoCanada

Star Member
Jan 9, 2020
59
7
Don’t let your Green Card go at the cost of Canadian PR. Job market in Canada is not as good as the US Market. It is hard to find a job in Canada and especially a good salary job. If you are confident that you will get your green card then dont let it go.
Thank you for your suggestion - I am confident that I will get the greencard - the problem is the timing of it
My L1B maximum time to stay will end till I could get the EAD.
 

devcicuser

Member
Jan 11, 2024
18
8
Thank you for your suggestion - I am confident that I will get the greencard - the problem is the timing of it
My L1B maximum time to stay will end till I could get the EAD.
can you work remotely from outside US? if so, just do that from Canada and buy time for max out, as well as accumulate residency days too.
 

SamtoCanada

Star Member
Jan 9, 2020
59
7
can you work remotely from outside US? if so, just do that from Canada and buy time for max out, as well as accumulate residency days too.
yes one of the things I have been thinking about
officially I cant - but I was thinking, to go for 3 months in summer and then 1 month in winters then back 3 months in summer - somehow stretch this past May 2026.

What are the complications of doing that?
In my mind its the following:
  1. Car on US plates
  2. One son is US born
  3. Visa expired but i94 valid so will have to use and keep AVR option active.

I know I keep adding complications, but this is where I am.
 

SeniorStakes

Hero Member
Nov 7, 2018
720
408
Toronto
yes one of the things I have been thinking about
officially I cant - but I was thinking, to go for 3 months in summer and then 1 month in winters then back 3 months in summer - somehow stretch this past May 2026.

What are the complications of doing that?
In my mind its the following:
  1. Car on US plates
  2. One son is US born
  3. Visa expired but i94 valid so will have to use and keep AVR option active.

I know I keep adding complications, but this is where I am.
Is it allowed to do US-based work from Canada? I know you are authorized to work from both countries, but won't it lead to issues from corporation tax perspective for the employer? I heard companies generally don't allow this.
 

SamtoCanada

Star Member
Jan 9, 2020
59
7
Is it allowed to do US-based work from Canada? I know you are authorized to work from both countries, but won't it lead to issues from corporation tax perspective for the employer? I heard companies generally don't allow this.
Dont think as long as you dont do it for an extensive period of time - plus my residence would still be of US.
Not to change anything there.