Help deciding between H1b vs ICT WP

[Ram89]

hi,

I am currently in US on H1B with and I have 2 years remaining till my max out. No PERM./i140 applied yet by the employer. (E-C model)

With this situation I got a full time offer in USA who can process i140 in a year.

Also, My current employer is ready to send me to Canada on ICT ( I already have ICT WP valid till Jan 2021) Am confused which option to take. Can you please provide your suggestion on whether going to canada on WP will be beneficial instead of full time job in US?

 

[harirajmohan]

hi,

I am currently in US on H1B with and I have 2 years remaining till my max out. No PERM./i140 applied yet by the employer. (E-C model)

With this situation I got a full time offer in USA who can process i140 in a year.

Also, My current employer is ready to send me to Canada on ICT ( I already have ICT WP valid till Jan 2021) Am confused which option to take. Can you please provide your suggestion on whether going to canada on WP will be beneficial instead of full time job in US?

It all depends on what you want in the next 5-10 years.

H1: 10 years on H1 from today with priority date of 2020. No GC and you get used to being in US. You hesitate to take a decision to move out of US in 2030 and by that time your family would have grown and got used to it and you would hesitate more to take risk on changing the situation and will try to satisfy your mind about upcoming fake bills brought by congress and presidents tweets on reforming which never happens. Time goes by another 10 years and you retire or H1 gets denied which makes you leave US abruptly.
ICT: You would work for 1-3 years to get your points increased to file Canadian PR which you would get your PR in 2023(or so) and get your citizenship by 2025(or so).

Both options above have distinctive outcomes hence its your choice on what results you would like to have in 2025-2030. if you think that there will be reform in US immigration (just like how we and many others were thinking in the last 10+ years) then you can continue waiting. Its your call.

Did you ever think of why people here who have priority dates (before you) still moved?

 

[Ram89]

It all depends on what you want in the next 5-10 years.

H1: 10 years on H1 from today with priority date of 2020. No GC and you get used to being in US. You hesitate to take a decision to move out of US in 2030 and by that time your family would have grown and got used to it and you would hesitate more to take risk on changing the situation and will try to satisfy your mind about upcoming fake bills brought by congress and presidents tweets on reforming which never happens. Time goes by another 10 years and you retire or H1 gets denied which makes you leave US abruptly.
ICT: You would work for 1-3 years to get your points increased to file Canadian PR which you would get your PR in 2023(or so) and get your citizenship by 2025(or so).

Both options above have distinctive outcomes hence its your choice on what results you would like to have in 2025-2030. if you think that there will be reform in US immigration (just like how we and many others were thinking in the last 10+ years) then you can continue waiting. Its your call.

Did you ever think of why people here who have priority dates (before you) still moved?

Thanks for your suggestion.

Yes I do understand Uncertainty of living in US but most of the people who moved to canada already had a i140 PD and PR in canada as well. I dont have either of these so it is difficult to make a call.

 

[harirajmohan]

Thanks for your suggestion.

Yes I do understand Uncertainty of living in US but most of the people who moved to canada already had a i140 PD and PR in canada as well. I dont have either of these so it is difficult to make a call.

140 gives only one thing: H1 quota exemption. Here is the risk-reward situations.

Option1: Wait for PR through EE/pnp parallelly while waiting for 140 stage to get completed. Move/Commute after that.
Risk: if any denial or labor/140 would waste you time and chances.
Option2: Try for Canada workpermit if no EE/PNP by the time you get 140 cleared.
Risk: if any denial or labor/140 would waste you time and chances.
Option3(which you might not choose): Take Canadian workpermit. Apply for PR. Get citizenship. Get the same remaining H1 quota of 2 years to continue your 140 chances(if 140 is not through then you can use TN visa using Canadian citizenship).

Risk in processing GC in the last 1-2 years: New company doesnt start gc process in few months/weeks. Not all labor/140 gets cleared. Not having labor filed within 5th year (or not received 140 approval within 6th year) to extend 7th year H1.

Many/most realize only after the age of 35 or the child has grown up. I am also in this category to miss my GC and PR chances in 2006 while on H1 and had to hunt for years for PR(from 2009-2015 while being outside Canada and not having enough points in EE).

But due to current huge wait time people are now moving this side more than ever in the last few years. So deciding early gives better chances and less stress on dealing with immigration and can choose to settle/stick to a path clearly on the expected outcome.

 

[sunnnyc]

Thanks for your suggestion.

Yes I do understand Uncertainty of living in US but most of the people who moved to canada already had a i140 PD and PR in canada as well. I dont have either of these so it is difficult to make a call.

@Ram89 - Well, if you see the other side of it, you've a great opportunity to learn from others experience. @harirajmohan is spot on! Think why they moved even with approved I140 and much earlier PD. You already have ICT that could help with pnp leading to the PR provided you work on it thoughtfully. Think of your priorities, think long term and decide what would you value more when you will be in your 40s, with family and kids - Little extra $$ in bank account or peace of mind for yourself and family without any immi uncertainty?

 

[Ram89]

Update:
I received h1b transfer approval from the H1b fulltime offer
At the same time , I am approved by company to relocate to canada. ( I have 2.5 months balance on my WP.Have to file extension after reloating)

Both these things on my plate right now, I have to decide on it tommorrow.

I have never been so stressed in life but to make this life changing decision.

Any inputs from people who were once stuck on this dilemma is very welcome.

 

[Scalphunter]

I'd take the ICT, get Canadian PR, and then, if you want to, come back down to the US on a TN visa after you become a Canadian citizen and earn $. TN is like H-1B but without the annoying wage level checks and amendments. This is my plan except for the ICT (I'm trying through EE). One thing you should try if your long term goal is the US is to try and get the I-140 approved and stay with that employer for 6 months. That way your place in the GC line is secure and you can come back on the TN and get the GC when it becomes current.

 

[Ram89]

I'd take the ICT, get Canadian PR, and then, if you want to, come back down to the US on a TN visa after you become a Canadian citizen and earn $. TN is like H-1B but without the annoying wage level checks and amendments. This is my plan except for the ICT (I'm trying through EE). One thing you should try if your long term goal is the US is to try and get the I-140 approved and stay with that employer for 6 months. That way your place in the GC line is secure and you can come back on the TN and get the GC when it becomes current.

Thanks for your response.

For me EE route is highly unlikely because of my scores. So I have to let go of US to even to enter into Canada on ICT. So It came down to either US or Canada. Which is very confusing for me to decide on

 

[ajithj]

Thanks for your response.

For me EE route is highly unlikely because of my scores. So I have to let go of US to even to enter into Canada on ICT. So It came down to either US or Canada. Which is very confusing for me to decide on

You should easily qualify for EE after 1 year of working in Canada.You will get extra points Canadian work experience and an additional 50 points for having a valid job offer.

 

[Ram89]

@harirajmohan Thanks. Just a followup question. I am planning to get married by 2021. At present both US and Canada are not providing clear path for bringing my spouse along with me after wedding.

US - Regular visa appointment is not open yet

Canada - 240 days processing time for visitor visa , Biometrics for WP dependents are currently stopped.

This is adding confusion for me in deciding. Can you please clarify which option would be good

 

[harirajmohan]

@harirajmohan Thanks. Just a followup question. I am planning to get married by 2021. At present both US and Canada are not providing clear path for bringing my spouse along with me after wedding.

US - Regular visa appointment is not open yet

Canada - 240 days processing time for visitor visa , Biometrics for WP dependents are currently stopped.

This is adding confusion for me in deciding. Can you please clarify which option would be good

First, choose the country where you want to proceed in the next 5 - 10 year plan. Rest can get delayed for few months which is immaterial for long term.
Always plan for long term which many, including myself, missed and realize it after 10 years.

Visa: As both countries have problem processing visa, it doesnt matter which one to be chose. Choose based on whether you want to take ICT/H1.

 

[Jag2020]

If you take US H1B, change did you already got approved the H1B Transfer ? Also do your new employer need 1 year before even starting PERM, so your priority date can only be 2021 ?

Some one in this forum said : Peace of Mind and stability for family is far more important than few addl $$$$.. He is a very experience person who gone thru many struggles...

 

[Ram89]

If you take US H1B, change did you already got approved the H1B Transfer ? Also do your new employer need 1 year before even starting PERM, so your priority date can only be 2021 ?

Some one in this forum said : Peace of Mind and stability for family is far more important than few addl $$$$.. He is a very experience person who gone thru many struggles...

Yes approved transfer but risk of loosing it if I can't get it stamped while traveling to India