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Sooner the better?

Discussion in 'H-1B Holders in the U.S.' started by krishere1982, May 18, 2019.

  1. Hi all,

    My Canadian PR clock started in Aug 2017. Is it better for me to move to Canada by July 2019 or would it be okay to move by Jan 2020. I came to know that during the move the officers might question our PR intent if we move closer to the final 2 years. Hence concerned in moving in Jan 2020 as that will be about 2.5 years from PR expiry.

    Also I hear if I continue to work for US company from Canada and make use of the tax treaty between the countries, there might be hassles if at all I get to apply for GC in the future. As the tax treaty will show that I don't intent to stay in US and hence might make GC approval difficult.

    Inputs from the experts of the forum are greatly appreciated.

    Thank you.
  2. As long as you move with enough time to complete your residency obligation (so before Aug 2020), there will be no issue. If you move after that, leaving no time to complete your residency obligation, CBSA can begin the process to revoke your PR. That depends on many factors though, and it's not a given that they will do so.

    Just move before Aug 2020 and all will be well. Remember that if you cut it very close to the two year mark, you will not be able to travel internationally for two years; you can travel, but then you will not be able to meet RO. So leave a few months buffer so that you can make trips if needed.

    Regarding your green card issue - I would recommend worrying about that if and when you get to apply for a green card. If you're from India, you have a very long wait ahead of you, possibly even decades.
    astraldust likes this.
  3. Thanks for your inputs.

    Yes, that's why I am thinking Jan 2020 would be a good time to move to Canada. I will have about 6 or so months as buffer time. And I don't want to give a chance to CBSA to question my PR intent, so I am thinking for that reason also Jan 2020 would be a good time to move.

    I am from India, my PD is April 2012. Most likely, my PD would be current by 2022. But again, no one knows for sure. Just that if I get to work for my US company from Canada and I start applying the tax treaty and later find out that that will impact my GC negatively(if at all I get to apply), I wouldn't be able to do anything as the damage would have been done. That's why wanted to be aware before hand.
  4. 1. Its not PR intent. Its residency obligation.
    2. its your wish, no time is good/bad. its your comfort and availability.
    3. If you have referred any rules that you came across about gc negatively impacting PR holders then share it. If not then why are you simply adding one more thing in life to worry about.
  5. 1.Yeah, sorry, it is RO and not PR intent.
    2. Ok, thanks.
    3. I didn't come across any rules about it, but was just thinking about it, because don't they look at our profile and see if there are any indications of no intent to live in US, during the GC processing? Just like they look at indications of no intent to stay back in US when we apply for B1/B2 visas. I am just wanting to know your and other experts' opinions if there will be any negative impact of being Canadian PR during GC interview :)
  6. If what you said is even remotely true, you are literally nuking the hearts of hundreds of souls crossing border everyday. :p .

    But the most logical way to look at it is that USCIS definitely don't or won't or cannot care about your intent to reside when you are on work visa.

    However if you file i485 and don't maintain residence in US, yes definitely it becomes questionable, but on H1, definitely no issues.
  7. Okay, let me chime in as I had situation close to yours. I got my PR in April 2016. Did not move till June 2018. During this time, I traveled to Canada (on COPR) and I was asked this question as to when I will move, as I have already not lived for 2 years. I always said, I am making plans. Even when I did move, I was asked the same question, as to why did you start the Residency so late. I always said, life came in way. I might have been asked this question 7-8 times.

    I actually applied for my first PR card in July of 2018 and got it in Nov, with the expiration date of 2023 ( Please do not ask why I applied for my card after 2 years, as it is a long story).

    I looked it this way, before making this decision, and if it helps, "The free bird sitting on one hand is better than the other one in clutches of the other"
    astraldust likes this.
  8. Yes your reasoning makes sense. Thanks.
  9. Thanks for sharing your experience. I would be very happy if I were to move to Canada in July 2019, but it is very unlikely of that happening :-(

    I have decided to move to Canada in March 2020. At that time I will be 2 years and 6 months from the 5 year mark since I became PR. I am expecting the same question to be asked to me as to why didn't I move sooner. And I am going to give them the same answer as you did :)
  10. You will also have to discuss how you will be paid by your employer now that your permanent address will be in Canada. Like every employee living in Canada but working for a US employer, you never know what a Trump will do. Same with the intent clause. New Canadian government could bring the intent clause back into citizenship applications. Nobody can see into the future.
  11. #11 DEEPCUR, Jun 8, 2019 at 7:15 PM
    Last edited: Jun 8, 2019
    Forget what CBSA might ask.. are you sure that you would move by then? March might become May, May might become July, and July might become in to new thread asking if there is a way get back PR if you lose your residency obligation.

    The more you delay, the grip keeps loosening and there are high chances that you may let go your PR. Also, I see you are SINP nominee.. if you are planning to move to SK with job from US, you should better start today as it takes quite long to find jobs even in Toronto where all the jobs are, leave alone SK.

    Or you should just go about implementing the plan you explained earlier.. keep a home address in Detroit in your H1 petition and travel from Windsor. If you happen to face any issues while commuting by any chance (highly unlikely), you could just be in Detroit and then continue to look for jobs in Canada itself. Planning soon will give enough contingency for these things.
  12. Why would one need a detroit address and what issues would arise while commuting?
  13. OP works full time remote from a different state currently and has option to work from anywhere in US. He was asking suggestions whether he could rent a home in Detroit, file a H1 amendment for that address, and then move his office location to that and commute daily to that location from Windsor. he was concerned on office location being a residential address and possible questions that could be raised by CBP on that front.
  14. #14 krishere1982, Jun 11, 2019 at 3:29 PM
    Last edited: Jun 11, 2019

    Lol. I have been trying to find jobs in Canada since January 2019 but the job hunt is not going well at all! But I am going to keep trying. Regardless of me finding a job in Canada or not, I am going to move to Canada by March 2020. If I don't find job in Canada by then, then I will move there and continue the job hunt. I have very less hope of finding job in SK anyways. I am applying all over Canada.

    Oh I did try all possible routes with the current job - transferring my job to Canada (my company has branch in Toronto and has a lot of people working from home in ON and other provinces) ; quitting job here and applying for the same job in Canada and getting rehired from there ; working in Detroit and living in Windsor. My company is not agreeing to any of the proposals. For my request to work in Detroit, my company told me that as my GC's PERM is based in Texas, the H-1B amendment to work from Michigan won't be approved and hence they don't want to spend money on something that won't get approved.
  15. Your last part on H1 amendment is totally not true. My GC has been approved for a particular location and it's been several years since I moved to a different location and have had multiple amendments based on new location after that without any issues. Although I'm eligible to start as per company policy and they'll immediately start if I want to, I haven't restarted my GC even with new location because I know it's a waste of everyone's time. Attorneys are fine with that too and recommended to start as the bulletin progresses close to my priority date so that future role and/or location changes could be accommodated.

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