Will my H1B be revoked once I leave my current employer in US to move to CA?

[yodheydhara]

Hi All,
I am currently in the US on H1B visa and I got my Canada PR couple of months ago. I did my landing and my PR Cards have been received by my relative in Alberta. I am currently looking for job opportunities in Canada and hope to move there as soon as I can.

I have a question on the validity of my H1B visa - if I get a job offer in Canada and say I want to travel there for first few weeks before moving my family there in order to find accommodation and all, since I would resigned from my job in the US, can I re-enter USA when I want to come back to get my family? Also, my wife is on H4, so if my H1B is revoked, will her H4 visa be automatically revoked?

What are my options? Currently, the only way it seems that would work for me is to resign from my current job, move to Canada within 15 days of giving the resignation. This is because as per my information, one gets a 15 day period to move out of USA once the H1B visa is revoked. Is this information correct?

Thanks for all your help and inputs guys!

 

[gprasad.n]

It depends on your employer. Usually employers send the H1B cancellation request to USCIS after your final payroll. You'll have time until your employer runs your final payroll. However, be aware that sometimes the border security "MIGHT" send you to secondary inspection and could verify your current status in US by calling your employer and etc.

 

[APPNOV2014NY]

can I re-enter USA when I want to come back to get my family? Also, my wife is on H4, so if my H1B is revoked, will her H4 visa be automatically revoked?

As mentioned by gprasad.n, this is going to be risky. Yes , your family member's H4 will be revoked as well since it's tied to your H1.

What are my options? Currently, the only way it seems that would work for me is to resign from my current job, move to Canada within 15 days of giving the resignation. This is because as per my information, one gets a 15 day period to move out of USA once the H1B visa is revoked. Is this information correct?

Make your all Canadian trips while you are still in your job. You can utilize your vacations/sick days for these trips. You can even ask your employer for few days Work from Home and work from Canada during those days.

H1/L1 holders now have 60 days grace period. You can even file B2 visa for entire family to stay in status after 60 days. Confirm this with some attorney.
http://www.immi-usa.com/h1b-grace-period-sgm-law-group/

 

[harsha626]

yodheydhara,


Good to know that you have confirmed entry to Canada.

From day 1, How many months it took for you to get PR ?


Thanks.

 

[yodheydhara]

As mentioned by gprasad.n, this is going to be risky. Yes , your family member's H4 will be revoked as well since it's tied to your H1.

Make your all Canadian trips while you are still in your job. You can utilize your vacations/sick days for these trips. You can even ask your employer for few days Work from Home and work from Canada during those days.

H1/L1 holders now have 60 days grace period. You can even file B2 visa for entire family to stay in status after 60 days. Confirm this with some attorney.
http://www.immi-usa.com/h1b-grace-period-sgm-law-group/

Thanks for the inputs APPNOV2014NY! I believe that would be my way to do it, or else, I once the job is confirmed, I move along with my family and belongings once and for all..but in case a 60 day grace period is allowed like mentioned in the link then at least my family can travel later, without me re-entering US. Else, I can start processing B1 Visa for all my family members?

 

[yodheydhara]

It depends on your employer. Usually employers send the H1B cancellation request to USCIS after your final payroll. You'll have time until your employer runs your final payroll. However, be aware that sometimes the border security "MIGHT" send you to secondary inspection and could verify your current status in US by calling your employer and etc.

gprasad, as I read in some other post, it may not matter as to when my employer files the H2B cancellation. As soon as I am relieved of my duties in the current organization (after my notice period ends), I am not employed and hence out of status. As per that post, there is no grace period and and as soon as I am out of employment I need to leave the country. But on the other hand, as per the link shared by my other friend here in this post, it looks like I might have a 60 days period.

 

[yodheydhara]

yodheydhara,


Good to know that you have confirmed entry to Canada.

From day 1, How many months it took for you to get PR ?


Thanks.

Hi Harsha,
Its a little difficult to say how many exact days it should take from day 1 to the day you get your PR cards. This is because I did apply for Express entry in March 2015 but then my wife gave IELTS for additional points only in November 2015, but and then I got the invitation to apply in Feb 2016 and then I got the request for passport in September 2016. Finally I received my PR cards in January this year.

So it has been a longer than 2 years but usually it does not take that long. Ideally, if you have a good score, the complete process would take around a year's time. There are some fantastic posts in this forum on the complete process. You will get more information there.

 

[harsha626]

yodheydhara,

Thanks for your reply. Wish you good luck. Have u got a confirmed job in CA ?

 

[yodheydhara]

Not Yet. I am still looking for one.

 

[kevon2310]

Hi All,
I am currently in the US on H1B visa and I got my Canada PR couple of months ago. I did my landing and my PR Cards have been received by my relative in Alberta. I am currently looking for job opportunities in Canada and hope to move there as soon as I can.

I have a question on the validity of my H1B visa - if I get a job offer in Canada and say I want to travel there for first few weeks before moving my family there in order to find accommodation and all, since I would resigned from my job in the US, can I re-enter USA when I want to come back to get my family? Also, my wife is on H4, so if my H1B is revoked, will her H4 visa be automatically revoked?

What are my options? Currently, the only way it seems that would work for me is to resign from my current job, move to Canada within 15 days of giving the resignation. This is because as per my information, one gets a 15 day period to move out of USA once the H1B visa is revoked. Is this information correct?

Thanks for all your help and inputs guys!

Hi

There are a number of options you can take but need to be conisdered carefully. I happen to be in a similar position you are and sought external lawyer advice that my company uses. Luckily for me, they dont have to tell my employer what I tell them. As explained by my lawyers

"Your H-1B status will cease once you leave the U.S., as it is a U.S.-based non-immigrant status. Therefore, you would need to work with (company name) to arrange for employment authorization/non-immigrant status in whichever country you relocate to, accordingly"

Here is the part that gets even more interesting

"Even though you might continue working for (company name) remotely from outside of the U.S., your H-1B status will cease once you leave the country. It will, however, be reactivated once you return, as long as you are returning in the same H-1B position, and it is within 6 years since last holding H-1B status. If you plan to spend an extended period of time outside of the country please let us know so that we can discuss the best course of action for you with regard to your return, so that you will have an original approval notice with which to receive a new visa stamp upon reentry, and so that your status would resume immediately once you return."

So you could technically work remote and use that time to become a citizen in Canada and still have a small amount of time to come back to the US, but at the same time, who wants to come back at the same position that they left

I haven't decided what I want to do for my own situation and the Trump administration just throws a wrench in everything but hopefully, this gives you some things to think about . . .

 

[yodheydhara]

Hi

There are a number of options you can take but need to be conisdered carefully. I happen to be in a similar position you are and sought external lawyer advice that my company uses. Luckily for me, they dont have to tell my employer what I tell them. As explained by my lawyers

"Your H-1B status will cease once you leave the U.S., as it is a U.S.-based non-immigrant status. Therefore, you would need to work with (company name) to arrange for employment authorization/non-immigrant status in whichever country you relocate to, accordingly"

Here is the part that gets even more interesting

"Even though you might continue working for (company name) remotely from outside of the U.S., your H-1B status will cease once you leave the country. It will, however, be reactivated once you return, as long as you are returning in the same H-1B position, and it is within 6 years since last holding H-1B status. If you plan to spend an extended period of time outside of the country please let us know so that we can discuss the best course of action for you with regard to your return, so that you will have an original approval notice with which to receive a new visa stamp upon reentry, and so that your status would resume immediately once you return."

So you could technically work remote and use that time to become a citizen in Canada and still have a small amount of time to come back to the US, but at the same time, who wants to come back at the same position that they left

I haven't decided what I want to do for my own situation and the Trump administration just throws a wrench in everything but hopefully, this gives you some things to think about . . .

Hi Kevon, Thank you buddy!
This is great information. However, in my case, I am currently being interviewed by a potential employer in Canada. Say for e.g. everything goes well and I get an offer letter from them and they expect me to join after 2 weeks, since 2 weeks would the regular notice period in the US. Now, once the notice period of 2 weeks is over, my H1B status will cease. Here is where I am having some confusion and I am unsure as to what is the best possible approach. 1) I wrap up everything in these 2 weeks and leave United States once and for all, along with my family. This I believe is going to be very hectic as I also plan take my own car to Canada. OR 2) I have a B1/B2 visa for myself that is valid till 2019. But my wife does not have a B1. One thing that I can do is - have B1 visa processed for my wife as well so once the 2 weeks period is over, I can travel to Canada, make preliminary arrangements and then come back to get my family, while they stay back in US trying to wrap up things here in the meantime.

Not sure how long does it take to get B1 / B2 visa while you are physically in the United States.

 

[yodheydhara]

Make your all Canadian trips while you are still in your job. You can utilize your vacations/sick days for these trips. You can even ask your employer for few days Work from Home and work from Canada during those days.

H1/L1 holders now have 60 days grace period. You can even file B2 visa for entire family to stay in status after 60 days. Confirm this with some attorney.
http://www.immi-usa.com/h1b-grace-period-sgm-law-group/

Can I be employed by another company in Canada while I am a full time employee of another company in the United States?

 

[APPNOV2014NY]

Can I be employed by another company in Canada while I am a full time employee of another company in the United States?

If you are on Canadian soil as PR , you can work for any no. of employers ( Canadian or non-Canadian)
If you are on USA soil on H1b , you can work only for your USA employer who sponsored your H1B.

Wait for better response from other forum members.

 

[kevon2310]

Hi Kevon, Thank you buddy!
This is great information. However, in my case, I am currently being interviewed by a potential employer in Canada. Say for e.g. everything goes well and I get an offer letter from them and they expect me to join after 2 weeks, since 2 weeks would the regular notice period in the US. Now, once the notice period of 2 weeks is over, my H1B status will cease. Here is where I am having some confusion and I am unsure as to what is the best possible approach. 1) I wrap up everything in these 2 weeks and leave United States once and for all, along with my family. This I believe is going to be very hectic as I also plan take my own car to Canada. OR 2) I have a B1/B2 visa for myself that is valid till 2019. But my wife does not have a B1. One thing that I can do is - have B1 visa processed for my wife as well so once the 2 weeks period is over, I can travel to Canada, make preliminary arrangements and then come back to get my family, while they stay back in US trying to wrap up things here in the meantime.

Not sure how long does it take to get B1 / B2 visa while you are physically in the United States.

I am going to assume you have already done “soft” landing with wife and kids (if any) and have your PR card.

If the above scenario is true and you are intent on settling in Canada. I would suggest (opinion not legal advice) that you move your family and their belongings first to Canada while still working in the US. This is of course based on the premise that income can be split across the 2 countries or your wife has found a job there. Once they are in the motion of things and have a stable routine, you can then leave the US for Canada.
Now the thing with the H1B status ceasing is that there really isn’t a defined time to leave the US (some say 10 – 60 days). Trying to get a new visa regardless of the type could be lengthy given the new executive orders on immigration, you could attempt to apply but you need to find out what the timeline is.

If you don’t mind me asking, what area were you thinking of settling in and in what industry?

The one thing I would discourage is trying to wrap up and move your life in 2 weeks to Canada; I would think 4 weeks at the very minimum and even then you may have already made some small trips there from time to time to make arrangements. As they say, the choice is yours and yours alone (speak to wifey first )

 

[yodheydhara]

I am going to assume you have already done “soft” landing with wife and kids (if any) and have your PR card.

If the above scenario is true and you are intent on settling in Canada. I would suggest (opinion not legal advice) that you move your family and their belongings first to Canada while still working in the US. This is of course based on the premise that income can be split across the 2 countries or your wife has found a job there. Once they are in the motion of things and have a stable routine, you can then leave the US for Canada.
Now the thing with the H1B status ceasing is that there really isn’t a defined time to leave the US (some say 10 – 60 days). Trying to get a new visa regardless of the type could be lengthy given the new executive orders on immigration, you could attempt to apply but you need to find out what the timeline is.

If you don’t mind me asking, what area were you thinking of settling in and in what industry?

The one thing I would discourage is trying to wrap up and move your life in 2 weeks to Canada; I would think 4 weeks at the very minimum and even then you may have already made some small trips there from time to time to make arrangements. As they say, the choice is yours and yours alone (speak to wifey first )

Hi Kevon,
I am thinking of settling in GTA area (Ontario) and I am in IT industry. The option you suggested is great - the family moving first but the issue is that my wife is here with me in the US on H4 visa where in she has not been working and she also does not come from IT industry. Hence finding a job for her before I find a job there would be more difficult.