Obtain Canadian citizenship and then moving back to United States?

[dphotawala]

I have lived in United States for last 10 years and am currently on my 4th year of H1-B. Last year, I got my I-140 (EB-3) approved through my previous employer. Since then, I have changed my job and am now working for a different employer. Given that this priority date on my I-140 is not expected to become current for next 15-20 years, I plan to move to Canada. That said, I was wondering if someone could please help me with few questions I have:

1. Can I live in Canada without a Canadian employment? Fyi, I am expecting to receive my PR through Express Entry (via FSW category)
2. If I am living in Canada but working for an employer in United States, do I owe tax to Canadian government on income made outside Canada? Fyi, I will be getting paid on my current H1-B status; therefore, I will owe tax to United States government (no matter what)
3. Regardless of whether I hold employment or not, will each day of my physical presence in Canada count towards the 2-year PR requirement?
4. Once I succeed in becoming a Canadian citizenship, can I move back to United States using TN visa? This way, I don't have to worry about any changes that might take place in H1-B (between now and then)
5. Is Green Card process in United States based off "country of birth" or "country of passport"? Trying to see if there is any loop hole on expediting the process (in long term)

The current plan is to apply for a fresh Green Card application through the new (current) employer once I head back to United States via TN visa. This way, I can hold on my current priority date of Nov 2017 and also obtain Canadian citizenship on my way (as backup).

Btw, if you have any suggestion or comments on misc things that might help, please do enlighten me. I would really appreciate it.

 

[scylla]

I have lived in United States for last 10 years and am currently on my 4th year of H1-B. Last year, I got my I-140 (EB-3) approved through my previous employer. Since then, I have changed my job and am now working for a different employer. Given that this priority date on my I-140 is not expected to become current for next 15-20 years, I plan to move to Canada. That said, I was wondering if someone could please help me with few questions I have:

1. Can I live in Canada without a Canadian employment? Fyi, I am expecting to receive my PR through Express Entry (via FSW category)
2. If I am living in Canada but working for an employer in United States, do I owe tax to Canadian government on income made outside Canada? Fyi, I will be getting paid on my current H1-B status; therefore, I will owe tax to United States government (no matter what)
3. Regardless of whether I hold employment or not, will each day of my physical presence in Canada count towards the 2-year PR requirement?
4. Once I succeed in becoming a Canadian citizenship, can I move back to United States using TN visa? This way, I don't have to worry about any changes that might take place in H1-B (between now and then)
5. Is Green Card process in United States based off "country of birth" or "country of passport"? Trying to see if there is any loop hole on expediting the process (in long term)

The current plan is to apply for a fresh Green Card application through the new (current) employer once I head back to United States via TN visa. This way, I can hold on my current priority date of Nov 2017 and also obtain Canadian citizenship on my way (as backup).

Btw, if you have any suggestion or comments on misc things that might help, please do enlighten me. I would really appreciate it.

1) No.
2) Yes - you will have to file taxes in Canada based on your worldwide income.
3) Yes - note that the PR residency requirement is 2 years out of every 5 (this is what you need to do to keep your PR status). The citizenship residency requirement is 3 years. They are two different things.
4) Yes.
5) No. Except for the green card lottery perhaps - but Canadians don't qualify.

 

[dphotawala]

1) No.
2) Yes - you will have to file taxes in Canada based on your worldwide income.
3) Yes - note that the PR residency requirement is 2 years out of every 5 (this is what you need to do to keep your PR status). The citizenship residency requirement is 3 years. They are two different things.
4) Yes.
5) No. Except for the green card lottery perhaps - but Canadians don't qualify.

1. PR requirement does not mention any requirement regarding employment. That said, can you please let me know the reasoning behind your answer?
2. I agree that I will have to file taxes in Canada. However, my questions is - Is Canada one of those country that do not charge its tax filers on foreign income (like India) or is Canada one of those country that charge its tax filers on foreign income (like United States)?
3. Agreed - 2 years for PR and 3 years for citizenship. Based off my research, there are two ways to fulfill this requirement (1) Physical presence in Canada (2) Being on Canadian payroll; even though the physical office of work is overseas. Let me know if I am mistaken somewhere.
4. Got it - Will research about TN visa when time comes.
5. I am not sure if I follow you on this. Do you mean "country of birth" or is it "country of passport"? If its "country of birth", I would fall under India's backlog even after gaining my Canadian citizenship; however, if its "country of passport", I would then fall under Canada's backlog. Depending upon which country's backlog I fall under, I might be able to predict the expected time in obtaining my Green Card.

Btw, thanks a lot of the initial feedback. I really appreciate it a lot.

 

[Bs65]

Ref #3 for citizenship the requirement is 3 years physically in Canada.

For PR residency obligation you can only claim days outside Canada if you were working for a Canadian company who assigned you temporarily outside of Canada on an assignment . Just being on a Canadian payroll would not count it would have to be an actual assignment outside of Canada after working in Canada , following completion of which you return to work/reside in Canada for the same company.

 

[scylla]

1. PR requirement does not mention any requirement regarding employment. That said, can you please let me know the reasoning behind your answer?
2. I agree that I will have to file taxes in Canada. However, my questions is - Is Canada one of those country that do not charge its tax filers on foreign income (like India) or is Canada one of those country that charge its tax filers on foreign income (like United States)?
3. Agreed - 2 years for PR and 3 years for citizenship. Based off my research, there are two ways to fulfill this requirement (1) Physical presence in Canada (2) Being on Canadian payroll; even though the physical office of work is overseas. Let me know if I am mistaken somewhere.
4. Got it - Will research about TN visa when time comes.
5. I am not sure if I follow you on this. Do you mean "country of birth" or is it "country of passport"? If its "country of birth", I would fall under India's backlog even after gaining my Canadian citizenship; however, if its "country of passport", I would then fall under Canada's backlog. Depending upon which country's backlog I fall under, I might be able to predict the expected time in obtaining my Green Card.

Btw, thanks a lot of the initial feedback. I really appreciate it a lot.

1. Sorry - I hadn't had my coffee yet. I meant no - you don't need to have an employer in Canada. You just need to be physically working here. No need to have a job in Canada. You're fine.
2. You will be charged tax in Canada based on your worldwide income. You will get credit for any income tax you paid in your US taxes in your Canadian tax return. Canada's taxation rates are higher than the US. So you'll most likely still owe money to Canada after you file and pay your US taxes. My husband is a dual citizen. He files his Canadian tax return first, then his US and claims what he paid in Canada in his US tax return. He never ends up owing any US taxes since the Canadian taxation rate is higher. So expect that your taxes will increase overall.
3. You've misunderstood several important rules regarding residency. First of all, if you are employed outside of Canada by a Canadian company, you can get residency credit towards PR - however NOT towards citizenship. For citizenship you must physically live in Canada. Again, the rules for PR residency and citizenship residency are quite different. In order to get PR residency credit for days spent outside of Canada, it's not enough to simply be on the Canadian payroll. Here's what has to happen: (1) You must first take a job with a company in Canada that has established operations and work for some time in a role that is physically in Canada; (2) At a later date, that company must transfer you to a role outside of Canada; (3) Your company must plan to repatriate you to a role back in Canada at some point in the future. (4) Note that setting up your own company in Canada and then working outside of Canada doesn't fly - IRCC caught on to this years ago and that loophole was shut down over a decade ago.
5. I'm not enough of an expert in this area to answer...

 

[Samoinp]

I have lived in United States for last 10 years and am currently on my 4th year of H1-B. Last year, I got my I-140 (EB-3) approved through my previous employer. Since then, I have changed my job and am now working for a different employer. Given that this priority date on my I-140 is not expected to become current for next 15-20 years, I plan to move to Canada. That said, I was wondering if someone could please help me with few questions I have:

1. Can I live in Canada without a Canadian employment? Fyi, I am expecting to receive my PR through Express Entry (via FSW category)
2. If I am living in Canada but working for an employer in United States, do I owe tax to Canadian government on income made outside Canada? Fyi, I will be getting paid on my current H1-B status; therefore, I will owe tax to United States government (no matter what)
3. Regardless of whether I hold employment or not, will each day of my physical presence in Canada count towards the 2-year PR requirement?
4. Once I succeed in becoming a Canadian citizenship, can I move back to United States using TN visa? This way, I don't have to worry about any changes that might take place in H1-B (between now and then)
5. Is Green Card process in United States based off "country of birth" or "country of passport"? Trying to see if there is any loop hole on expediting the process (in long term)

The current plan is to apply for a fresh Green Card application through the new (current) employer once I head back to United States via TN visa. This way, I can hold on my current priority date of Nov 2017 and also obtain Canadian citizenship on my way (as backup).

Btw, if you have any suggestion or comments on misc things that might help, please do enlighten me. I would really appreciate it.

5. GC is based on country of birth, so no loophole. The only loophole is if you are marrying some one from non-backlogged country will advance your priority date. (not sure about the other person's status, if they should be in US or not etc).

TN visa is not duel intent like H1B. It is a non-immigrant intent only. It could be denied if you remotely express interest in migrating. That being said, your employer could always file a H1B petition based on your performance while you were employed in TN. Depending upon your unused H1B duration, they could either file as cap exempt (best cast) and you can join them immediately after approval or go though the annual 65k system (worst case) and wait for a subsequent October. In either case, your new employer can start a new PERM process and reuse old priority date (this assumes an approved I-140 in your current GC application and your employer doesn't cancel it). All this with a possibility that the system could change in few years.

Also if you are into software, keep in mind TN visa is not given for computer programmer. There is some technicality here, the offer letter from US employer should have something like software developer, search online and you will get a bunch on this.

 

[canuck78]

You seem to be planning to live in Canada while "working" in the US. Unless you are physically commuting you will likely either have to get paid through your company's offices in Canada (if they have one) or you'll have to set up your own company in Canada and act as consultant.

 

[dphotawala]

You seem to be planning to live in Canada while "working" in the US. Unless you are physically commuting you will likely either have to get paid through your company's offices in Canada (if they have one) or you'll have to set up your own company in Canada and act as consultant.

Why do you say that? Last I checked, there is no rule under immigration policy that requires H1-B visa holders to be physically present in United States. As long as I hold a valid H1-B visa (which I do) and my primary residence is in United States (my primary house is in Texas), I can be on any soil/country and still be an active employee of a company based out of United States.

Am I missing something? If so, please guide me through.

 

[scylla]

Why do you say that? Last I checked, there is no rule under immigration policy that requires H1-B visa holders to be physically present in United States. As long as I hold a valid H1-B visa (which I do) and my primary residence is in United States (my primary house is in Texas), I can be on any soil/country and still be an active employee of a company based out of United States.

Am I missing something? If so, please guide me through.

There's a good discussion here on this topic.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/maintaining-u-s-h1b-visa-in-canada.539003/