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Working in USA on H1B visa and have Green Card in process. Can I apply for express entry?

lampbreaker

Champion Member
Apr 7, 2015
1,733
376
Hi, this really helps me. thanks a lot.
Side question: can you please advice me how to get current employment verification letter without telling them it is for Canadian PR? As they are processing GC and I don't want them to stop it or be alarmed or upset.
I just told my manager that I am applying as a backup (which is the truth). Depends upon your relationship with the manager. If your manager supports it, you don't have to worry about HR.
 

desmat

Champion Member
Feb 8, 2018
1,033
147
As an Indian in US on h1B applied GC and I recently became Canadian PR 10 days ago. I am completed the Canadian requirements and came back to US for H1B. You can follow below steps.

Here is what I would suggest:
1. Keep your GC alive and active make sure to spent 6 months after I140.
2. In the mean time apply for Canadian PR. Get approved.
3. Complete the landing process this makes you a Canadian PR. Come back to US (if you still have your H1B job and want to continue for a while.
3. As per your convenience move to Canada in minimum 1 day to maximum 3 years. Why? To keep canadian PR you need to be physically be present in Canada for 2 years. Thus max you spent outside Canada for 3 years.
4. Spend in Canada 2 years to keep PR or 3 years to get Citizenship.
5. Get Citizenship to apply for TN visa where you can work in US if need be.
6. Since your I140 was approved in step 1 and you completed 6 months no one can revoke your I140/priority date. Since it is ties to you and not your employer. So even if you go to Canada to complete physical stay requirement it does not bar/revoke/rescind your GC application.
7. Wait 50 years (or shorter if priority date become current sooner ;) ). This can be done as a Canadian citizen waiting in Canada or working under TN visa in US.

NOTE: US and CANADA are two different countries and applying for one does not stop you from apply for PR in other. Do not let others tell you otherwise.

Good Luck. This is just for understanding and not legal advice. For legal issues take help from legal reps to help you through this process.
How many CRS score points you had when you received ITA?
And was it last year?
 

pallavichauhan88

Full Member
Sep 16, 2015
20
0
Thanks a lot for all the valuable information.
While filling my PR application with spouse not accompanying me. I am still expected to fill my spouse details - personal, professional.
However, due to the nature of job of my spouse, I can not reveal his work locations. It is not permissible as per government.
I am thinking of using the home address as last 10 years address of stay for my spouse, would it be a problem?
Advice please?
 

abff08f4813c

Full Member
Feb 24, 2023
22
2
Well now I feel like an idiot explaining about the TN which is a non-immigrant type. :D I stand corrected, thanks! :cool:
While this is technically true, it is theoretically possible to obtain a green card while working on TN-1 without needing to switch to a dual intent visa like h1b first.

"Consular processing comes into play after an immigrant petition is filed on your behalf and approved, and then requires that you leave the United States [...] your TN Visa will remain valid and allow you to re-enter the United States as needed until you must leave the US to complete the consular processing."

The key point here is that since you have to leave the US to go to the interview at the consulate to get the green card, you aren't violating dual-intent here as you'll leave the US before trying to seek admission as an immigrant.

See https://www.ashoorilaw.com/blog/tn-visa-to-green-card/#:~:text=Consular processing comes into play,done and attend an interview.