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renew PR - 2-5 year rule if on h1b vis in the US for RBC/TD (canadian employers)

littleelsa

Full Member
Mar 17, 2020
25
1
I have a quick question on how to keep PR status.

If someone who already got PR but is still working on H1B visa in the US for a canadian bank (say RBC, TD, etc), can he still meet the 2/5 year rule because he's working for a canadian employer?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I have a quick question on how to keep PR status.

If someone who already got PR but is still working on H1B visa in the US for a canadian bank (say RBC, TD, etc), can he still meet the 2/5 year rule because he's working for a canadian employer?
It depends.

If this person was hired directly for the role in the U.S., then no.

If this person was hired first for a role in Canada and then at a later date transferred temporarily as an employee to a job outside of Canada with the same company, then yes.
 
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Buletruck

VIP Member
May 18, 2015
6,667
2,521
There also has to be an end date to the employment outside Canada at which time you would return to Canada to work for the same company. It can’t be open ended.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
You would need to be established in the role in Canada first. You can't just starting working for the Canadian branch for a few months and then transfer to the US. In your case there would be a lot of scrutiny because you are already working for the Canadian bank in the US so transferring to the Canadian location only to transfer back could be viewed as trying to exploit the ability to work temporarily abroad for a Canadian employer.