TN to H1B

[mojoyugo]

Hello,

I'm currently working in Detroit, Michigan on a TN visa and live in Windsor, Ontario as I commute daily across the border. My employer wants to start the process for a PR and the first step is to apply for a H1B. I have a few questions regarding this process.

1. Can I continue to live at my home in Windsor, Ontario and apply and work in Detroit on a H1B? I'm not sure if the H1B allows Canadians to live and commute from Canada as the TN allows.
2. Assuming a yes to the first question, does anything change once the employer starts the US green card application while on a H1B? Can I continue to live and commute from Windsor until I receive a US green card?
3. My wife is a PR and needs one more year to become eligible for Canadian citizenship. From the research I've done, I believe she(dependent) will receive an H-4 similar to a TD when I receive my H-1B. Does that affect any eligibility on her part for Canadian citizenship when/if she receivers her H-4 and ultimately US green card as she is included in the H1B/green card application process?
4. At any point in the H1B/Green card process, will I be required to physcially move from Windsor into Detroit to satisfy any naturalization requirements to becoming a GC holder or can I stay indefinitely in Windsor and obtain a GC while working for my US employer?

TIA.

 

[Jeksis]

This is an old post so can you let us know how you fared? I just joined this forum so not in position to reply earlier. But below are my thoughts on this:

1. Yes, you could have continued living in Windsor during H1B processing and after H1B received. There are several discussions on this topic in this forum.
2. Yes, you could have continued living in Windsor during GC processing until GC is received.
3. No, H4 status in US should not have affected her ability to maintain her status in Canada. She was not obliged to move to US as you would have been. (An aside: she would have needed to remain living in Canada for one more year if she is to receive her Canadian citizenship.)
4. Yes, you would have needed to move to US at some point and confirm presence in US at least every 6 months.

 

[Abdul8224]

Hi
Please let me know how did everything go for you?
I have same questions:
1- I am on a TN visa expiring in April 2018 so I will renew in march 2018. My lawyer will apply for H1B through company sponsorship. I was ready to move to USA until I read this and called the Detroit border. There response was that I can live in Canada and continue commuting and working on a TN as long as it's valid. H1B wouldn't geoperdise any of it. Can anyone confirm that?
- do I have to get a TD visa for my wife while she is living in Canada or does she get the H4 application if I am accepted H1B?

Your expedited response is greatly appreciated since I have to give two months n

 

[theanswe]

Hi i have a question,

If you are living in Windsor and commuting, what home address do you use when applying for the H1B visa? I am in the same situation.