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Help to maintain status in both Canada and US

nehaprasad14

Full Member
Feb 2, 2020
23
3
Hi, I got my PR card last year, and I am currently working in the US on H1B status with I140 approved.
I want to maintain both the statues, but I don't want to commute daily.

It would be great if someone could help me with my questions below:
  1. Can I maintain my H1B status remotely without traveling to the US? Also, what would be the tax implications?
  2. If I withdraw my H1B, will my priority date be valid?
If someone has any better options, then please suggest them.
Thanks for the help.
 

SeniorStakes

Hero Member
Nov 7, 2018
720
408
Toronto
Hi, I got my PR card last year, and I am currently working in the US on H1B status with I140 approved.
I want to maintain both the statues, but I don't want to commute daily.

It would be great if someone could help me with my questions below:
  1. Can I maintain my H1B status remotely without traveling to the US? Also, what would be the tax implications?
  2. If I withdraw my H1B, will my priority date be valid?
If someone has any better options, then please suggest them.
Thanks for the help.
1. Your status is a function of where you are living. If you don't live in US, you have no status there.
2. Yes, your priority number will remain valid even if you leave US
 

nehaprasad14

Full Member
Feb 2, 2020
23
3
1. Your status is a function of where you are living. If you don't live in US, you have no status there.
2. Yes, your priority number will remain valid even if you leave US
Thanks for the reply, I have follow-up question on the second point. If my priority date, will be valid then how can I reenter the US, I mean on which visa to claim the priority date for my green card application?
 

SeniorStakes

Hero Member
Nov 7, 2018
720
408
Toronto
Thanks for the reply, I have follow-up question on the second point. If my priority date, will be valid then how can I reenter the US, I mean on which visa to claim the priority date for my green card application?
You need a visa again...h1b or l1..or a any other. The fact that you will retain priority date is going to help later when the green card application is reinstated.
 

nehaprasad14

Full Member
Feb 2, 2020
23
3
You need a visa again...h1b or l1..or a any other. The fact that you will retain priority date is going to help later when the green card application is reinstated.
Okay, so I can have my H1B reinstated without the lottery, right? Also can I change my employer or I have to be with same till I come back to US after 3 -4 years.
 

swan0206

Champion Member
May 14, 2019
1,170
227
Okay, so I can have my H1B reinstated without the lottery, right? Also can I change my employer or I have to be with same till I come back to US after 3 -4 years.
You can change the employer, not an issue. Just that they have to start filing your GC everything from the beginning. But you will retain your PD.
 
  • Like
Reactions: vkamath
Feb 5, 2023
9
1
Hi, I got my PR card last year, and I am currently working in the US on H1B status with I140 approved.
I want to maintain both the statues, but I don't want to commute daily.

It would be great if someone could help me with my questions below:
  1. Can I maintain my H1B status remotely without traveling to the US? Also, what would be the tax implications?
  2. If I withdraw my H1B, will my priority date be valid?
If someone has any better options, then please suggest them.
Thanks for the help.
What part of US are you in? I am in same scene as you in NY. Do you know if I travel a few months to Canada, is that counted towards PR and Canada Citizenship days?
 

Almostsummer

Full Member
Apr 1, 2019
22
2
Okay, so I can have my H1B reinstated without the lottery, right? Also can I change my employer or I have to be with same till I come back to US after 3 -4 years.
Hello, did you find out the answer for whether you need to go through the lottery again for reinstating your h1b? Also, how many years have you been in h1b status already?