Canada PR File and USA H1B Visa

[ketan.it]

Hi,

I am a Indian Citizen and married to Canadian permanent resident last year. My spouse has applied for my permanent residency based on the family immigration and I have got the letter from Canadian immigration office in India (Delhi) to submit my passport and other related documents. This means that the application is in final stage.

At the same time, I have also got the very good offer from one of the big company in USA and they had applied for my H1B visa, and I have got the approval for that as well. I haven't spoken about my PR file in Canada to them and they want me to start the job in USA as soon as possible. Even, I don't want to loose this opportunity in very good company.

Now, I have the following questions.

1) Let's say I have accepted the USA offer, then Can I transfer my Canada permanent resident file from Delhi (India) to USA somewhere? If yes, then what is the procedure? How much time it will take?

2) Once I submit my passport to Canada immigration office, how much time it will take for the visa processing?

3) Once I get the Canada permanent residency visa (or letter), Do I really need to go there? If yes, then minimum how many days I have to stay there to maintain my permanent residency? Is it possible if i go for only few days in Canada for the first time, and then come to USA for my job?

4) I really want to go USA on H1B visa, but at the same time don't want to affect anything on my permanent residency application in Canada. If I cancel my Canada permanent residency file, Can I re-apply in the future? due to this cancellation, is there any affect in future application?

I am very confused right now and don't know what is the best solution.

Thank you so much in advance for your help.

Thanks,
Ketan

 

[computergeek]

1) Let's say I have accepted the USA offer, then Can I transfer my Canada permanent resident file from Delhi (India) to USA somewhere? If yes, then what is the procedure? How much time it will take?

No. But at this point they are asking for your passport so they can issue your visa and COPR, so why think of a transfer? Can you go to ND and present your passport in person? If so, you should be able to get it back rather quickly.

2) Once I submit my passport to Canada immigration office, how much time it will take for the visa processing?

There's never a guarantee in this business and people report various amounts of time (generally measured in weeks).

3) Once I get the Canada permanent residency visa (or letter), Do I really need to go there? If yes, then minimum how many days I have to stay there to maintain my permanent residency? Is it possible if i go for only few days in Canada for the first time, and then come to USA for my job?

You do not need to stay immediately. You could, for example, wait until the end of the validity of your visa and COPR and then land in Canada. You will need to have somewhere in Canada they can mail your permanent resident card.

Once you have landed you must spend at least two years in the five years following landing (730 days as I recall) to maintain permanent residency. If your spouse becomes a Canadian citizen, then time spent out of country with your spouse would count against this residency requirement.

If you fail to meet the PR requirement, then you will need to relinquish your permanent residency at some point.

4) I really want to go USA on H1B visa, but at the same time don't want to affect anything on my permanent residency application in Canada. If I cancel my Canada permanent residency file, Can I re-apply in the future? due to this cancellation, is there any affect in future application?

If you withdraw your file now, or if you lose your permanent residency in the future, you may reapply in the future. It should not have any material impact on your future application.

Good luck!

 

[ketan.it]

Thank you so much for all the information.