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My Experience & Journey from US H1B >> Canada PR >> Canadian Citizen & Finally a US Green Card!!!

Feb 12, 2024
11
11
I wanted to share my journey over the past 8 years since I began exploring Canada as a potential place to live and work while residing in the US on an H1B visa. This forum has been my primary resource for all my inquiries throughout this journey, and I believe many of you, who, like me, are considering Canada as an option while holding an H1B visa, would appreciate hearing about it.

Apologies for the lengthy post!

Background and H1B to PR:

A bit about my background: I arrived in the US 14 years ago as an F1 student and later transitioned to working on an H1B visa after completing my master's degree. In 2015, realizing that obtaining a green card in the US as an Indian-born individual would likely take a considerable amount of time, I began exploring options outside the US. This led me to Canada, where I discovered the new Express Entry program for skilled immigrants. Impressed by the straightforward and online application process, I pursued it, achieved the required IELTS score, and was selected in subsequent draws after the program's launch. My permanent residency (PR) was approved in late 2015, and I officially landed in Canada as a PR in 2016.
At that point, I faced a significant decision: whether to relocate from the US to Canada, despite having a stable job with a good salary in the US. After much deliberation, and with the added complexity of getting married during this period, I decided to test the Canadian job market by applying for contract roles in 2016. Surprisingly, I received several offers and negotiated arrangements that allowed me to work remotely as a contractor/freelancer while maintaining my job in the US. Despite the challenges of balancing multiple roles and minimal personal/family time, I continued to live in the US while traveling to different provinces in Canada for short-term freelance/contract work.
Although I received multiple full-time job offers initially, the total compensation never matched what I earned in the US, which was disappointing. However, I adapted to the differences in the Canadian IT job market and salaries.

Early days of Canada PR:
As I continued to explore my options, a couple of years passed, and I accumulated significant income from contracting in Canada, diligently managing taxes on both sides with the assistance of a knowledgeable CPA. As I approached the residency obligation required for Canadian PR status, I sought ways to fulfill it while maintaining both my Canadian PR and US H1B status. Inspired by discussions on this forum about members making trips across the US/Canada border at Detroit/Windsor, I devised a similar strategy, given my proximity to the Seattle, WA area. I began making daily or every other day trips across the WA/BC border, eventually renting a place in White Rock, BC in 2018 to facilitate these travels. Over the following years, I made over 300 trips across the border, despite the challenges and scrutiny from border officials on both sides.
However, the COVID-19 outbreak in late 2019 made these commutes increasingly difficult, prompting a temporary hiatus from travel. Despite obtaining exemptions for essential travel related to work, I ultimately decided to pause my cross-border travels for safety reasons, especially with a newborn in the US. After an eight-month break in the US, I resumed my travels in early 2020, determined to fulfill the residency requirement for Canadian citizenship.

Fortunately, my company facilitated my transfer to its Canadian entity, allowing me to renew my PR and continue working in Canada for another 15 months. In 2022, I was transferred back to the US on an H1B visa, still short of the required residency period for Canadian citizenship. However, I meticulously tracked my travel dates and ensured alignment with CBSA/CBP records to meet the residency requirement. With a buffer period added to satisfy citizenship residency requirements, I documented my eligibility and submitted my citizenship application before returning to the US.

Path to GC:
After filing my Citizenship application, I explored the EB1C route since my EB2 priority date wouldn't become current for the next 10 years unless there was a significant change. Despite my company attorney's initial disagreement regarding my eligibility, I assembled a compelling case with all the necessary evidence to demonstrate that I qualified. Over the course of five years, my role within the company expanded with numerous promotions, and my work outside the US for the same entity provided the requisite qualifications. Eventually, after presenting all the evidence supporting my eligibility, my company was able to successfully file my I-140 petition under the EB1C category, which was approved within two weeks. Subsequently, I applied for adjustment of status (I-485), and to my surprise, my green card was approved in about 60 days. This rapid processing exceeded my expectations.

Back to Canada Citizenship Process:
While my citizenship application progressed more slowly, I eventually completed all requirements, including a 20/20 in test, successful in-person interview, and became a Canadian citizen. Throughout this journey, I maintained my businesses in Canada and appreciated the opportunities the country provided during the peak of my career.


However, upon reflection, I decided to return to the US due to the ease of doing business and personal preferences regarding taxes, healthcare, and overall quality of life. I do love both countries and can't be thankful enough to the fact that I have unlimited access to both.

NOTE: Few things to consider while crossing border in non EST time zone, CBSA and CBP record date/time of crossing in EST hours and I had a bunch of them posted as next day due to the time I cross was before 12Am but past 9PM in PST. So make sure you really maintain your own record of these which will help a lot in Presence calculator and interview if needed.

I hope my story provides insight and guidance to others considering a similar path. Despite the challenges, achieving Canadian PR, Canadian citizenship and US Green Card is indeed achievable with determination and strategic planning and lot of sacrifices over several years!!

P.S. Please do not DM me to text/call I would like to be anon and happy to respond to folks on DM or here. This is a burner account and I wish to keep it this way for various reasons :)

Cheers and Good Luck to Everyone!!!!!
 

vensharm

Star Member
Jul 29, 2015
89
29
@LetTheGoodTimesRoll :- Your story is very encouraging. Thanks for sharing it.

I am exactly in a same boat. I have approved i-140 in Eb2 category. For last 1 year, I have been working in Canada branch for the same US employer. Now, I have acquired Canadian Citizenship and I am in process of getting my H1B filed again with the same employer and move to US. I had an initial discussion with my company's attorney and they also are not in agreement for Eb1C filing and I am collecting all evidences and points to convince them.
I have 3 specific questions for you which will really benefit my path forward:-
1. What was your SOC code in LCA for H1b filing second time and was it same/ different as LCA for your first 1b filing?
2. Does your employer have more employees in Canada office? (In my case, this is an issue)
3. How much was the gap between Eb1C filing and second H1b approval?

Will really appreciate your response.

Thanks
 

Copingwithlife

VIP Member
Jul 29, 2018
3,942
1,903
Earth
I wanted to share my journey over the past 8 years since I began exploring Canada as a potential place to live and work while residing in the US on an H1B visa. This forum has been my primary resource for all my inquiries throughout this journey, and I believe many of you, who, like me, are considering Canada as an option while holding an H1B visa, would appreciate hearing about it.

Apologies for the lengthy post!

Background and H1B to PR:

A bit about my background: I arrived in the US 14 years ago as an F1 student and later transitioned to working on an H1B visa after completing my master's degree. In 2015, realizing that obtaining a green card in the US as an Indian-born individual would likely take a considerable amount of time, I began exploring options outside the US. This led me to Canada, where I discovered the new Express Entry program for skilled immigrants. Impressed by the straightforward and online application process, I pursued it, achieved the required IELTS score, and was selected in subsequent draws after the program's launch. My permanent residency (PR) was approved in late 2015, and I officially landed in Canada as a PR in 2016.
At that point, I faced a significant decision: whether to relocate from the US to Canada, despite having a stable job with a good salary in the US. After much deliberation, and with the added complexity of getting married during this period, I decided to test the Canadian job market by applying for contract roles in 2016. Surprisingly, I received several offers and negotiated arrangements that allowed me to work remotely as a contractor/freelancer while maintaining my job in the US. Despite the challenges of balancing multiple roles and minimal personal/family time, I continued to live in the US while traveling to different provinces in Canada for short-term freelance/contract work.
Although I received multiple full-time job offers initially, the total compensation never matched what I earned in the US, which was disappointing. However, I adapted to the differences in the Canadian IT job market and salaries.

Early days of Canada PR:
As I continued to explore my options, a couple of years passed, and I accumulated significant income from contracting in Canada, diligently managing taxes on both sides with the assistance of a knowledgeable CPA. As I approached the residency obligation required for Canadian PR status, I sought ways to fulfill it while maintaining both my Canadian PR and US H1B status. Inspired by discussions on this forum about members making trips across the US/Canada border at Detroit/Windsor, I devised a similar strategy, given my proximity to the Seattle, WA area. I began making daily or every other day trips across the WA/BC border, eventually renting a place in White Rock, BC in 2018 to facilitate these travels. Over the following years, I made over 300 trips across the border, despite the challenges and scrutiny from border officials on both sides.
However, the COVID-19 outbreak in late 2019 made these commutes increasingly difficult, prompting a temporary hiatus from travel. Despite obtaining exemptions for essential travel related to work, I ultimately decided to pause my cross-border travels for safety reasons, especially with a newborn in the US. After an eight-month break in the US, I resumed my travels in early 2020, determined to fulfill the residency requirement for Canadian citizenship.

Fortunately, my company facilitated my transfer to its Canadian entity, allowing me to renew my PR and continue working in Canada for another 15 months. In 2022, I was transferred back to the US on an H1B visa, still short of the required residency period for Canadian citizenship. However, I meticulously tracked my travel dates and ensured alignment with CBSA/CBP records to meet the residency requirement. With a buffer period added to satisfy citizenship residency requirements, I documented my eligibility and submitted my citizenship application before returning to the US.

Path to GC:
After filing my Citizenship application, I explored the EB1C route since my EB2 priority date wouldn't become current for the next 10 years unless there was a significant change. Despite my company attorney's initial disagreement regarding my eligibility, I assembled a compelling case with all the necessary evidence to demonstrate that I qualified. Over the course of five years, my role within the company expanded with numerous promotions, and my work outside the US for the same entity provided the requisite qualifications. Eventually, after presenting all the evidence supporting my eligibility, my company was able to successfully file my I-140 petition under the EB1C category, which was approved within two weeks. Subsequently, I applied for adjustment of status (I-485), and to my surprise, my green card was approved in about 60 days. This rapid processing exceeded my expectations.

Back to Canada Citizenship Process:
While my citizenship application progressed more slowly, I eventually completed all requirements, including a 20/20 in test, successful in-person interview, and became a Canadian citizen. Throughout this journey, I maintained my businesses in Canada and appreciated the opportunities the country provided during the peak of my career.


However, upon reflection, I decided to return to the US due to the ease of doing business and personal preferences regarding taxes, healthcare, and overall quality of life. I do love both countries and can't be thankful enough to the fact that I have unlimited access to both.

NOTE: Few things to consider while crossing border in non EST time zone, CBSA and CBP record date/time of crossing in EST hours and I had a bunch of them posted as next day due to the time I cross was before 12Am but past 9PM in PST. So make sure you really maintain your own record of these which will help a lot in Presence calculator and interview if needed.

I hope my story provides insight and guidance to others considering a similar path. Despite the challenges, achieving Canadian PR, Canadian citizenship and US Green Card is indeed achievable with determination and strategic planning and lot of sacrifices over several years!!

P.S. Please do not DM me to text/call I would like to be anon and happy to respond to folks on DM or here. This is a burner account and I wish to keep it this way for various reasons :)

Cheers and Good Luck to Everyone!!!!!
So in a nutshell you used Canada .
After reading that , I now have a severe case of nystagmus.
Good grief
 

swan0206

Champion Member
May 14, 2019
1,171
227
So in a nutshell you used Canada .
After reading that , I now have a severe case of nystagmus.
Good grief
Why would you say that? Isn’t that an option open to you as well? He worked his A** off to be where he is now/ acheived what he wanted to. Obviously some % luck favored his hardwork at the end though!
 
Feb 12, 2024
11
11
So in a nutshell you used Canada .
After reading that , I now have a severe case of nystagmus.
Good grief
Still paying little over $100K in Canadian taxes annually if it makes you feel any better and still can’t get a family doctor. Not going to open can of worms here.

Canada did show me what I can do outside of my 9-5 and will continue to explore more paths going forward here. Charter of rights - you are free to move in an out and as a law abiding citizen I’m contributing my fair share.
 
Last edited:
Feb 12, 2024
11
11
@LetTheGoodTimesRoll :- Your story is very encouraging. Thanks for sharing it.

I am exactly in a same boat. I have approved i-140 in Eb2 category. For last 1 year, I have been working in Canada branch for the same US employer. Now, I have acquired Canadian Citizenship and I am in process of getting my H1B filed again with the same employer and move to US. I had an initial discussion with my company's attorney and they also are not in agreement for Eb1C filing and I am collecting all evidences and points to convince them.
I have 3 specific questions for you which will really benefit my path forward:-
1. What was your SOC code in LCA for H1b filing second time and was it same/ different as LCA for your first 1b filing?
2. Does your employer have more employees in Canada office? (In my case, this is an issue)
3. How much was the gap between Eb1C filing and second H1b approval?

Will really appreciate your response.

Thanks
1) Sorry not going to reveal the SOC code but it is same before and after for H1B. EB1C is a different one as it doesn’t matter due to a future role being offered.
2) No the corporate headquarters is in US so definitely lot less employees in Canada.
3) Filed EB1C little over 6 months of moving back on H1B. Getting legal approval with all documentation took bit of time.

hope this helps and all the best!!
 

vensharm

Star Member
Jul 29, 2015
89
29
1) Sorry not going to reveal the SOC code but it is same before and after for H1B. EB1C is a different one as it doesn’t matter due to a future role being offered.
2) No the corporate headquarters is in US so definitely lot less employees in Canada.
3) Filed EB1C little over 6 months of moving back on H1B. Getting legal approval with all documentation took bit of time.

hope this helps and all the best!!
This is really helpful. Thanks for your response.
 

Anpman

Hero Member
Apr 15, 2018
279
24
I wanted to share my journey over the past 8 years since I began exploring Canada as a potential place to live and work while residing in the US on an H1B visa. This forum has been my primary resource for all my inquiries throughout this journey, and I believe many of you, who, like me, are considering Canada as an option while holding an H1B visa, would appreciate hearing about it.

Apologies for the lengthy post!

Background and H1B to PR:

A bit about my background: I arrived in the US 14 years ago as an F1 student and later transitioned to working on an H1B visa after completing my master's degree. In 2015, realizing that obtaining a green card in the US as an Indian-born individual would likely take a considerable amount of time, I began exploring options outside the US. This led me to Canada, where I discovered the new Express Entry program for skilled immigrants. Impressed by the straightforward and online application process, I pursued it, achieved the required IELTS score, and was selected in subsequent draws after the program's launch. My permanent residency (PR) was approved in late 2015, and I officially landed in Canada as a PR in 2016.
At that point, I faced a significant decision: whether to relocate from the US to Canada, despite having a stable job with a good salary in the US. After much deliberation, and with the added complexity of getting married during this period, I decided to test the Canadian job market by applying for contract roles in 2016. Surprisingly, I received several offers and negotiated arrangements that allowed me to work remotely as a contractor/freelancer while maintaining my job in the US. Despite the challenges of balancing multiple roles and minimal personal/family time, I continued to live in the US while traveling to different provinces in Canada for short-term freelance/contract work.
Although I received multiple full-time job offers initially, the total compensation never matched what I earned in the US, which was disappointing. However, I adapted to the differences in the Canadian IT job market and salaries.

Early days of Canada PR:
As I continued to explore my options, a couple of years passed, and I accumulated significant income from contracting in Canada, diligently managing taxes on both sides with the assistance of a knowledgeable CPA. As I approached the residency obligation required for Canadian PR status, I sought ways to fulfill it while maintaining both my Canadian PR and US H1B status. Inspired by discussions on this forum about members making trips across the US/Canada border at Detroit/Windsor, I devised a similar strategy, given my proximity to the Seattle, WA area. I began making daily or every other day trips across the WA/BC border, eventually renting a place in White Rock, BC in 2018 to facilitate these travels. Over the following years, I made over 300 trips across the border, despite the challenges and scrutiny from border officials on both sides.
However, the COVID-19 outbreak in late 2019 made these commutes increasingly difficult, prompting a temporary hiatus from travel. Despite obtaining exemptions for essential travel related to work, I ultimately decided to pause my cross-border travels for safety reasons, especially with a newborn in the US. After an eight-month break in the US, I resumed my travels in early 2020, determined to fulfill the residency requirement for Canadian citizenship.

Fortunately, my company facilitated my transfer to its Canadian entity, allowing me to renew my PR and continue working in Canada for another 15 months. In 2022, I was transferred back to the US on an H1B visa, still short of the required residency period for Canadian citizenship. However, I meticulously tracked my travel dates and ensured alignment with CBSA/CBP records to meet the residency requirement. With a buffer period added to satisfy citizenship residency requirements, I documented my eligibility and submitted my citizenship application before returning to the US.

Path to GC:
After filing my Citizenship application, I explored the EB1C route since my EB2 priority date wouldn't become current for the next 10 years unless there was a significant change. Despite my company attorney's initial disagreement regarding my eligibility, I assembled a compelling case with all the necessary evidence to demonstrate that I qualified. Over the course of five years, my role within the company expanded with numerous promotions, and my work outside the US for the same entity provided the requisite qualifications. Eventually, after presenting all the evidence supporting my eligibility, my company was able to successfully file my I-140 petition under the EB1C category, which was approved within two weeks. Subsequently, I applied for adjustment of status (I-485), and to my surprise, my green card was approved in about 60 days. This rapid processing exceeded my expectations.

Back to Canada Citizenship Process:
While my citizenship application progressed more slowly, I eventually completed all requirements, including a 20/20 in test, successful in-person interview, and became a Canadian citizen. Throughout this journey, I maintained my businesses in Canada and appreciated the opportunities the country provided during the peak of my career.


However, upon reflection, I decided to return to the US due to the ease of doing business and personal preferences regarding taxes, healthcare, and overall quality of life. I do love both countries and can't be thankful enough to the fact that I have unlimited access to both.

NOTE: Few things to consider while crossing border in non EST time zone, CBSA and CBP record date/time of crossing in EST hours and I had a bunch of them posted as next day due to the time I cross was before 12Am but past 9PM in PST. So make sure you really maintain your own record of these which will help a lot in Presence calculator and interview if needed.

I hope my story provides insight and guidance to others considering a similar path. Despite the challenges, achieving Canadian PR, Canadian citizenship and US Green Card is indeed achievable with determination and strategic planning and lot of sacrifices over several years!!

P.S. Please do not DM me to text/call I would like to be anon and happy to respond to folks on DM or here. This is a burner account and I wish to keep it this way for various reasons :)

Cheers and Good Luck to Everyone!!!!!

[/QUOTE
Congratulations! That was lot of work but in the end it paid off ..
I have a question -if I am in usa on H1b or L1A/b , is it legal to work as Canadian citizen as contractor for my own small business company in Canada ? Do I need to take special steps to avoid doing anything illegal?
 

devcicuser

Member
Jan 11, 2024
18
8
1) Sorry not going to reveal the SOC code but it is same before and after for H1B. EB1C is a different one as it doesn’t matter due to a future role being offered.
2) No the corporate headquarters is in US so definitely lot less employees in Canada.
3) Filed EB1C little over 6 months of moving back on H1B. Getting legal approval with all documentation took bit of time.

hope this helps and all the best!!
thanks for sharing your experience. I have a question on EB1C.. did you have reports while you were working in Canada? also, what were the reasons your attorney objected your case and what you kind of justification you provided to overcome them? is there anything that you would recommend to make our EB1C case stronger while deputed in another country? like having reports etc. or something else.

I can take a plunge and try getting myself transferred to a country outside US, but if the attorney is going to shoot down after I spend a year, then all my efforts would go futile. So your inputs on this would be appreciated so that I can build a case for myself correctly while outside US.
 
Feb 12, 2024
11
11
o do what you want to do in your free time that doesn't fall in conflict of interest with your employer. Not a legal advice but everyone's circumstances are slightly different
 
Feb 12, 2024
11
11
thanks for sharing your experience. I have a question on EB1C.. did you have reports while you were working in Canada? also, what were the reasons your attorney objected your case and what you kind of justification you provided to overcome them? is there anything that you would recommend to make our EB1C case stronger while deputed in another country? like having reports etc. or something else.

I can take a plunge and try getting myself transferred to a country outside US, but if the attorney is going to shoot down after I spend a year, then all my efforts would go futile. So your inputs on this would be appreciated so that I can build a case for myself correctly while outside US.
No I had zero reports as mine was filed as a "Functional Manager". The attorney didn't feel my role justified the criteria required primarily for Functional Manager you will need to show that you are not an individual contributor who does the work but managing the work that is being done. This can be via direct reports or groups/teams who the individual works with along with the impact that has on the Company. I would recommend consult an outside attorney to run by your idea to see how much of that is feasible in your case and if there are any areas you will need to focus on.

It's a dual edged sword, I never expected this to go in my favor either from the get go but knew there is this option which I wanted to try at some point so I had to really work through my way on changing roles getting into the right place at right time. IMO if you ask any employer/legal team before you think of doing something like this the answer will most likely be "No" as there are lot of uncertainties. It is a calculated risk for me where I had to loose bunch of TC working in Canada and etc... If EB1C didn't work for me I still would have my Canadian Citizenship and ability to come back on H1B or move to TN or an E2 Treaty visa if I wanted to start a business.

I guess choose what your priorities are and what you are willing to risk.
 

devcicuser

Member
Jan 11, 2024
18
8
No I had zero reports as mine was filed as a "Functional Manager". The attorney didn't feel my role justified the criteria required primarily for Functional Manager you will need to show that you are not an individual contributor who does the work but managing the work that is being done. This can be via direct reports or groups/teams who the individual works with along with the impact that has on the Company. I would recommend consult an outside attorney to run by your idea to see how much of that is feasible in your case and if there are any areas you will need to focus on.

It's a dual edged sword, I never expected this to go in my favor either from the get go but knew there is this option which I wanted to try at some point so I had to really work through my way on changing roles getting into the right place at right time. IMO if you ask any employer/legal team before you think of doing something like this the answer will most likely be "No" as there are lot of uncertainties. It is a calculated risk for me where I had to loose bunch of TC working in Canada and etc... If EB1C didn't work for me I still would have my Canadian Citizenship and ability to come back on H1B or move to TN or an E2 Treaty visa if I wanted to start a business.

I guess choose what your priorities are and what you are willing to risk.
thanks. This is very helpful. my company does have a policy to process EB1 for people above certain level (I qualify in sense of level) with managerial responsibilities and come from India or another country. But nobody has ever voluntarily gone to a different country from US and come back for this as it is not a consulting company and there is no concept of 'transfer' or 'deputing' resources. Transferring to another country means applying for a req that is already present in that country through internal portal and then moving or manager has to create a case for opening a position equivalent to our position in that country, and then make us apply for it and move. It is not straightforward as every geography has their own policy, hiring policies, freezes, headcount caps etc. on opening reqs. And similar path to come back.. a req needs to be opened in US, they have to make us apply for it and bring us to US.

so many things can go wrong in this as there could hiring freezes, layoffs, manager change, reorg while we are 'out of US'. Loss of comp is another thing. I haven't got my citizenship yet, but I too will be counting on the Canadian passport if I ever need to tread in to this path as there is a guarantee to come back to north America and the move to US on our own through TN or H1b like you said in worst case.
 
Last edited:
Feb 12, 2024
11
11
thanks. This is very helpful. my company does have a policy to process EB1 for people above certain level (I qualify in sense of level) with managerial responsibilities and come from India or another country. But nobody has ever voluntarily gone to a different country from US and come back for this as it is not a consulting company and there is no concept of 'transfer' or 'deputing' resources. Transferring to another country means applying for a req that is already present in that country through internal portal and then moving or manager has to create a case for opening a position equivalent to our position in that country, and then make us apply for it and move. It is not straightforward as every geography has their own policy, hiring policies, freezes, headcount caps etc. on opening reqs. And similar path to come back.. a req needs to be opened in US, they have to make us apply for it and bring us to US.

so many things can go wrong in this as there could hiring freezes, layoffs, manager change, reorg while we are 'out of US'. Loss of comp is another thing. I haven't got my citizenship yet, but I too will be counting on the Canadian passport if I ever need to tread in to this path as there is a guarantee to come back to north America and the move to US on our own through TN or H1b like you said in worst case.
If my response makes you feel any better then I have been able to do this being at a FAANG and not from a consulting firm. Yes things were not at all easy including the conversation to initiate something like this with direct manager. I have exactly been through each of your pain points with uncertainty at every step. All the best for your plans with either option you choose. Cheers!!
 
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ryeCatcher

Hero Member
Apr 21, 2019
470
106
Still paying little over $100K in Canadian taxes annually if it makes you feel any better and still can’t get a family doctor. Not going to open can of worms here.

Canada did show me what I can do outside of my 9-5 and will continue to explore more paths going forward here. Charter of rights - you are free to move in an out and as a law abiding citizen I’m contributing my fair share.
Where do you live that you couldn't get a family doc, I found one within ~6 months, not a great wait time but before then I was able to use walk-in clinics without issue.
I guess experience is very subjective here, so far the doc has been better than most I had in the US