Can I file for Canada and U.S. permanent residency (green card) simultenously?

V

vikramshah

Registered Users (C)
Hi,

My company has recently started my green card process, I'm still in the advertising phase. Given the fact that EB3 priority dates have moved back all the way to Jan 1, 1998 for Indian citizens, I was looking at Canada as another option.

Can I file for Canada permanent residency simultenously with U.S. permanent residency? Are they completely independent or can I run into problems if I were simultaneosly file for both?

Please let me know. Any response will be greatly appreciated.

Thanks,
Vikram Shah
 
You are free to file for residency in any number of countries and nothing wrong in it.

I am a Canadian Permanenet Resident myself, still on H1(7th year extn filed)

Good luck, if you want to do it, move fast, or else that situation might turn worse with the GC situation here , already many have moved in that direction.
So a traffic jam is expected there as well.

Thanks
 
Hi Naudurivsm,

Thanks a lot for your reply. I've got a few more questions for you.

How long did it take for you to get your Canada PR?

Now that you have your Canada PR, do you still HAVE TO work on your H1B visa, as in, do the laws become any more lenient for you to work in the US?

Do I need to tell my company lawyer in the US that I am going to file for Canada PR or does he not need to know?

Do you have to pay taxes in Canada since you hold a Canada PR?

Is it required that I got to Canada before and/or after getting the Canada PR?

I know these are a lot of questions, but you seem to be the perfect person to answer these questions, 'cause you're in the same situation I see myself getting into in a few years from now.

Thanks in advance.

Vikram Shah
 
vikramshah said:
Hi,

My company has recently started my green card process, I'm still in the advertising phase. Given the fact that EB3 priority dates have moved back all the way to Jan 1, 1998 for Indian citizens, I was looking at Canada as another option.

Can I file for Canada permanent residency simultenously with U.S. permanent residency? Are they completely independent or can I run into problems if I were simultaneosly file for both?

Please let me know. Any response will be greatly appreciated.

Thanks,
Vikram Shah
Click to expand...

You can file for both the PR, but you can NOT have both the PR. The moment you receive and accept the GC of second country, the first GC will automatically be canceled. (you are suppose to inform authorities about that. Failure to do so is a crime).
 
I'll say BE CAREFUL

I started looking into this option as well but after doing a little research I found some scary posts on the Internet about immigrants having a hard time to find employment in their professions in Canada.

I've heard rumours about Lawyers, Doctors and even people with master degrees working as pizza deliveries and factories. Don't know what is the situation for IT people over there.

Sorry I can't provide any link at this moment but I'll strongly encourage you to do some research to see if it is worth give it a try.
 
Yes you can.

You can file for canadian residenship and US green card at same time. You can even be a Canadian resident and still have a 485 going. But once you have both , you will have to choose one.
Before moving to Canada, ask many Canadians on this board why did they come to USA?.
Canada is really a poor nation. You as a IT programmer can only expect to net $50,000 Canadian ( or $30,000US) in Toronto. Out of which 50% will go in taxes. You will be living hand to mouth there in cold.
It is also true many doctors, Engineers, Phds are working as security guys in malls there. If thats what you want to do go ahead.
 
Here are the answers to your questions;

1. 1yr 7 months since I filed after 9/11 - otherwise I would have got it in 6 months
Current time line if you apply from Within USA - 18-24 months max.
from outside USA (say India) it is at least 48 months.

2, YES, No changeg in laws on that front you DO NOT need H1 if you a Canadian Citizen, in which case you can work on TN ( temporary nationals) visa which is very very easy to get ( you can do it right at the border).

3. YOU DO NOT need to tell anyone, you can file it on your own or even hire
a consultant lawyer. It is your choice.

4. Yes, you have pay / declare your Global income and file Tax returns in
Canada, irrespective of whether you live there or not.
no big deal . . I did that for 2004. and paid around $450 Canadian as
taxes.

5. Canadian PR regulations state that one must be physically present in
Canada for a minimum period of TWO ( 2) years out of every 5 year
period. After getting your PR and LANDING in Canada.

OR you will Loose PR status.

So I have decided to go there permanently next June, that June'06.
since, here it is hope less and I am not interested to invest 3k every
year to extend H1.

hope these answers help you and others who are going through these
posts.


Thanks
 
" You can file for both the PR, but you can NOT have both the PR. The moment you receive and accept the GC of second country, the first GC will automatically be canceled. (you are suppose to inform authorities about that. Failure to do so is a crime)."




THIS IS NOT TRUE, the only problem here will be maintaining the PR stataus, in both countries,
since you have to stay for minimum periods in both countries. or you loose one.
NO need to inform anyone.
there people with citizenship of 4-5 countires. and PRs of more than 2 countries.
There is no such immigration law.

all depends on how you can maintain the residency obligations in each country.
 
Alhindi's insight

:D :D
Alhindi's analysis is funny as well as amazing.
Doctors,Phds working as security guards :D :D puts me in splits.
Now, I would liketo hear more funnier statements from you.
Onething is clear he/she just wants to see all of us ppl here to go back to our country :D.She/he doesn't approve anybody to be in US/Canada/UK/and wt else?
Alhindi can you tell about other countries?
I am eagerly awaiting to hear from you. :D :D
 
Yes it is true that doctors are working as security gaurds in Canada. There was a white paper on that by Canada govt too in the last year or tow. The problem is that you have to take all exams there to practice which is true in US too but there after clearing exam it is difficult to get into residency and fellowship compared to USA. Most of the doctors there are either asylum or family sponsored. Once you get your degree from US you can work in Canada but again there are restrictions.
 
Hi Naudurivsm,

You said - "5. Canadian PR regulations state that one must be physically present in Canada for a minimum period of TWO ( 2) years out of every 5 year
period. After getting your PR and LANDING in Canada. OR you will Loose PR status."

"After getting your PR and LANDING in Canada" - So does the five year period start once I get my PR (even though I choose to continue working in the US on H1B) or does it start once I get my PR AND land in Canada on that PR?

Please let me know.

Thanks.
 
Alhindi said - "You as a IT programmer can only expect to net $50,000 Canadian ( or $30,000US) in Toronto. Out of which 50% will go in taxes"

Is the situation really that bad or is he just generalizing what might have been a few cases into every case?

Also, if your salary is in fact so little, isn't the cost of living also lower?

Vikram
 
vikramshah said:
Hi Naudurivsm,

You said - "5. Canadian PR regulations state that one must be physically present in Canada for a minimum period of TWO ( 2) years out of every 5 year
period. After getting your PR and LANDING in Canada. OR you will Loose PR status."

"After getting your PR and LANDING in Canada" - So does the five year period start once I get my PR (even though I choose to continue working in the US on H1B) or does it start once I get my PR AND land in Canada on that PR?

Please let me know.

Thanks.
Click to expand...


IT starts from the Date you Land in Canada..

Thanks
 
i dont know how Alhindi comes to conclusion.....if few doctors from india who came into canada somehow.....and he is working as a security guy for few months.....that does not makes a standard...

that is a ridiculous thing to say that it applies to all doctors in canada.....if that was the case....dont you think...that all they need to do is write usmle....and they have a fellowship/residency in usa.....

my friend is in canada....and he has a tough time finding an IT job(but he is an average programmer...not a top class...)....but he has filed his citizenship...and he can expect to work in usa on TN visa after 2 years.....it was all worth it.

another friend has some good experience....and he is happily employed in vancouver....he too is filing his citizenship. and will be here shortly..
 
One more question:

In the US if you get your green card before you get married (to an Indian citizen), your wife need to wait for about 7 years before she get her green card.

I am NOT married and if I get my Canada PR before getting married, how long would my wife have to wait until she gets hers? Also, does she have to wait in India while until she gets her Canada PR?

Vikram
 
naudurivsm said:
" You can file for both the PR, but you can NOT have both the PR. The moment you receive and accept the GC of second country, the first GC will automatically be canceled. (you are suppose to inform authorities about that. Failure to do so is a crime)."




THIS IS NOT TRUE, the only problem here will be maintaining the PR stataus, in both countries,
since you have to stay for minimum periods in both countries. or you loose one.
NO need to inform anyone.
there people with citizenship of 4-5 countires. and PRs of more than 2 countries.
There is no such immigration law.

all depends on how you can maintain the residency obligations in each country.
Click to expand...

Few years back (I guess 2002) when I was considering this move, I attended a seminar at Canadian consulate at Detroit. There I was informed about this rule.

However, I decided not to go ahead hence never bothered to research further. It may be true, it may not be.

Hope that helps.
 
vikramshah said:
One more question:

In the US if you get your green card before you get married (to an Indian citizen), your wife need to wait for about 7 years before she get her green card.

I am NOT married and if I get my Canada PR before getting married, how long would my wife have to wait until she gets hers? Also, does she have to wait in India while until she gets her Canada PR?

Vikram
Click to expand...

This is a good question, No one can tell the number of years she has to wait.
But certainly it is going to be at least 2 years
And yes she has to stay in India , alternatively after applying her PR, you can get her on Work permit ( like H1 or Visitor's visa for some time)

BUT in any case you should talkt to a Lawyer on this matter and find out if there is a way it can be expidited.

Thanks
 
My comments

My comments were taken out of article by Canadian Govt. I had applied and gotten the Canadian PR around 7 yrs back. I went there and found things not so good.
Do your own research. Many IT programmers are not getting paid well. Taxes are high. Canada is socialist country. You will either be a bum living off govt aid -or- working to pay taxes so that govt can support such bums.
What I said is fact.
Now again like I said before, go ahead and immigrate to Canada. But do your research first.
 
I totally agree with AlHindi comments on Canada. I also have a Canadian PR.
I am surprised Canada is rated as a first world country. In reality, you normally don't find job opportunities there. It is perfect for people living in welfare, not a good place for ambitious people. Between Canada and my home country, I definitely prefer to live in my home country (which is not India by the way).


AlHindi said:
My comments were taken out of article by Canadian Govt. I had applied and gotten the Canadian PR around 7 yrs back. I went there and found things not so good.
Do your own research. Many IT programmers are not getting paid well. Taxes are high. Canada is socialist country. You will either be a bum living off govt aid -or- working to pay taxes so that govt can support such bums.
What I said is fact.
Now again like I said before, go ahead and immigrate to Canada. But do your research first.
Click to expand...
 
R u kidding..

I do not know what happened to my canadian PR.

Way back in July 1996 I got it. landed there . stayed there for 2 days..

OMG.. came back 3rd day morning.

You will hear success story as well as scary one too. But scary one are abundant in numbers.

Better wait (without worrying about it, though) here for GC than going back or going to Canada.

Catdog, alhindi ..is telling what he/she think is right. But fact of the matter is .. if you think you can survive happily with health here in America than give least importantance to all abuses/troubles. Pros of staying here is far better than cons of moving back to India or anywhere else.

Tell this stupid Catdog with his/her citizenship of USA to go to India and stay there for one year and then advise ... NOT UNTIL THEN. Khapeesh !
 
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