Canadian PR want to continue on H1B in US for some time

[RelocateDream]

Dear members

We just received canadian PR and have completed our landing formality. We will be returning back to USA to continue on H1B visa .

My employer would like to file for my GC . Will it be an issue during PERM/I-140/I-485 if the employer/USCIS notices the H1B visa on my passport mentioning my status as a 'Canadian permanent resident' in the Annotation section ?

I had applied Canadian PR as a backup Option in case it doesn't work out here on H1B . What should i answer to CBP/USCIS if i am ever asked why did i apply for the Canadian PR and also starting my GC process IF i am ever asked this question , either at the Port of entry or may be during the time of application ? Should i be straight forward with the reason and state as it is ?

Personally , i am okay to renounce my Canadian PR if i am getting US GC for sure , however nobody can my guarantee me a US GC .
Please advise ASAP

Thanks

No, not at all. They dont care basically. Daily commuters even have the Canada address on their uscis files(for H1, Perm, 140). So nothing to worry. GC can be processed while candidate is being inside/outside of US.

So, let me confirm what I understand from reading the last few posts: You can receive your Canadian PR and still continue working on your H1B in the US?

My employer has already filed for my GC; haven't reached the I-140 stage yet, and am trying to decide if I should leave employer and US for Canada. I know it's going to be a long wait for US GC. However, there is better pay and employment opportunities in the US. Also, if I leave employer now, I lose my place in the GC line and it's taken me a long time to get here.On the other hand, Canada PR = peace of mind and no hassles about renewing visa.

Thoughts and advise welcome!

Thanks.

 

[canuck78]

So, let me confirm what I understand from reading the last few posts: You can receive your Canadian PR and still continue working on your H1B in the US?

My employer has already filed for my GC; haven't reached the I-140 stage yet, and am trying to decide if I should leave employer and US for Canada. I know it's going to be a long wait for US GC. However, there is better pay and employment opportunities in the US. Also, if I leave employer now, I lose my place in the GC line and it's taken me a long time to get here.On the other hand, Canada PR = peace of mind and no hassles about renewing visa.

Thoughts and advise welcome!

Thanks.

Not quite that simple. Where is your employer? Are you able to commute daily?

 

[RelocateDream]

On the west coast. Nope, can't commute daily.

 

[Sukhbir_Goraya]

I am canada PR and also I have H1B , of which I utilized 2 years in 2015-2016. I again want to work in USA. Seems like I would be eligible for cap Exempt H1b, but can anyone help on how to get this visa.

 

[lampbreaker]

I am canada PR and also I have H1B , of which I utilized 2 years in 2015-2016. I again want to work in USA. Seems like I would be eligible for cap Exempt H1b, but can anyone help on how to get this visa.

Find a job and the employer will file the petition.

 

[21Goose]

So, let me confirm what I understand from reading the last few posts: You can receive your Canadian PR and still continue working on your H1B in the US?

My employer has already filed for my GC; haven't reached the I-140 stage yet, and am trying to decide if I should leave employer and US for Canada. I know it's going to be a long wait for US GC. However, there is better pay and employment opportunities in the US. Also, if I leave employer now, I lose my place in the GC line and it's taken me a long time to get here.On the other hand, Canada PR = peace of mind and no hassles about renewing visa.

Thoughts and advise welcome!

Thanks.

The thing is, you can't really get Canadian PR and expect to continue living/working in the US just as you are right now. The factors to consider are

1. Residency Obligation - You have to live in Canada for two years out of every five. If you don't, then you risk having your PR cancelled the next time you try and enter Canada. This happens to a lot of people
2. Tax issues - if you live in Canada, and work for a remote employer, you have to figure out your tax situation. You may need to work as a consultant, with your own corporation. Your employer needs to agree to this
3. If your H1B states that you are working out of a certain location, you can't simply just decide to move and work from another location (such as your home in Canada). If you aren't commuting daily (so you are in compliance with both H1B and Canada PR rules), then you are in breach of the H1B rules and they can cancel your H1B if they catch you.

Moving to Canada isn't something you should do just because you aren't likely to get a US Green Card. In that case, it's better to live in the US and keep renewing your H1b (once you have an approved I-140) and hope the rules change in a few years so you get your Green Cards.

If you're deciding to move to Canada, you have to be prepared to actually move and potentially give up on your US plans. It could come to that.

 

[tusharn]

Hi everyone,

I’m in the following situation:
I have Canadian PR and currently I work in NY for a tech company. After Covid, my role has become fully remote, so basically I’m paying exorbitant NY/NJ rents only to work from home. Also, since I’m an Indian, I’m not sure when/if I’ll get my EB2 GC with PD 2017 (I-140 approved).

So, I’m thinking if it’s possible to move to Canada and continue working from home from there to fulfill my PR requirement? Is it allowed or is there any rule to be physically present in the US for some minimum number of days in a year to be able to keep extending my H1B?

Or would you recommend commuting to work daily? But, in that case commuting where since I work from home only and not in any office.

 

[harirajmohan]

Hi everyone,

I’m in the following situation:
I have Canadian PR and currently I work in NY for a tech company. After Covid, my role has become fully remote, so basically I’m paying exorbitant NY/NJ rents only to work from home. Also, since I’m an Indian, I’m not sure when/if I’ll get my EB2 GC with PD 2017 (I-140 approved).

So, I’m thinking if it’s possible to move to Canada and continue working from home from there to fulfill my PR requirement? Is it allowed or is there any rule to be physically present in the US for some minimum number of days in a year to be able to keep extending my H1B?

Or would you recommend commuting to work daily? But, in that case commuting where since I work from home only and not in any office.

It depends on your employer if your employer can pay you while you dont maintain any status in US, nothing more.
As you have 140 approved, its not a big deal to get H1 approved and move back to US after 3 years of residency in Canada.
For extensions you can anyway move to US for few weeks/months to get the extension approved if your employer wanted. It all depends on you and your employer. So asking here wont help. Know what your employer want and then find out how you can execute.

 

[tusharn]

It depends on your employer if your employer can pay you while you dont maintain any status in US, nothing more.
As you have 140 approved, its not a big deal to get H1 approved and move back to US after 3 years of residency in Canada.
For extensions you can anyway move to US for few weeks/months to get the extension approved if your employer wanted. It all depends on you and your employer. So asking here wont help. Know what your employer want and then find out how you can execute.

Thanks so much for your reply. I’ll figure it out with my employer. So, since I have an approved I-140, I can just come back to the US after 3 years of residency in Canada? Will it require filing new PERM, I-140 if I’m with the same employer?

 

[harirajmohan]

So, since I have an approved I-140, I can just come back to the US after 3 years of residency in Canada?
Will it require filing new PERM, I-140 if I’m with the same employer?

Correct. No quota, no need to be inside US.
Nothing more needed.

 

[maverick1982]

There is no requirement to spend certain days in US on H1B. Research on Avvo , multiple lawyers have confirmed you can stay out for the entire duration as long as payroll is running. According to a DOL ruling in 2019 , the employer has to keep paying employee even if they are outside the country until the visa is revoked or employee resigns. They also have to pay the same wages, they cannot pay less because they are outside. This is where most employers would be unwilling and it makes no sense for them to hire someone who is outside most of the time at that rate. They will ask for a big cut if you want to keep working from Canada. As far as working outside US, remember the labor laws apply within US. You can work anywhere in Canada. But once you are in US, you have to only work at the LCA location. You will have to file taxes in US, then in Canada. Having said that , it is better to commute to US atleast alternate weeks. Border patrol will sometimes equate H1 residency laws with that of green card i.e absence of 6 months is trouble and absence of 1 year is abandonment. So don't stay away too long and carry your paystubs and if away too long , carry employment verification. In addition get a nexus card to avoid having to deal with interviews each time. I know multiple people doing this without issues. Specially because of Covid, no one is asking any questions. Personally know a few who were stuck outside for more than a year and had no issues entering. If you disagree, please show me an official rule which states you have to be within US certain days in a year for H1b. There is none. So don't let people scare you. You still have to convince your company and that is where it can be difficult , they may not be aware of the rules and simply don't want to take a risk.