H1 6 years expiring & Immigrate to Canada

[yfehgh]

Dear Ginnu and Others who may be in the similar situation,

My H1 6 yrs is expiring in about a year, I am considering immigrating to Canada.

I am thinking of starting Canada Permanent Residency (PR) application at Buffalo office right now while I am still working in the U.S. When my H1B expires in about a year, my PR is most likely still pending, given the current processing time is about 1.5-2 years per my understanding. So I will have about 0.5-1 year gap. Where shall I go: remain in the US or go to Canada? Here are my thoughts.

Option 1. Stay in US by

subption a) switch to student visa. Is this doable? Per Ginnu, he saw many such cases rejected? What is the reason for rejection?

b) switch to work visa. is this doable? what are the chances of getting the approval for a visitor visa? how long do they grant you, and what are the chances for renewing it for another 6 months?

Option 2. Move to Canada by

a) visitor visa--i may run into dual intention problem given PR pending, right? my hope is to get into Canada so i can start looking for a job while PR pending. if i can get in, what are the chances of switching visitor visa to a work permit later?

b)student permit visa--dual intention problems here?

I'm sure we have people in this group who have similar situation. I'd appreciate your comment and sharing of your experience.

Regards,

Amber

 

[ginnu]

Originally posted by yfehgh
Dear Ginnu and Others who may be in the similar situation,

My H1 6 yrs is expiring in about a year, I am considering immigrating to Canada.

I am thinking of starting Canada Permanent Residency (PR) application at Buffalo office right now while I am still working in the U.S. When my H1B expires in about a year, my PR is most likely still pending, given the current processing time is about 1.5-2 years per my understanding. So I will have about 0.5-1 year gap. Where shall I go
------ after 6 years are over you will go to your home country, best option is to request your US employer to file LC for you ASAP and before you hit 6 year your LC has to be pending more than 365 days and you can file 7th year H1 extension and can wait for your Canada PR

: remain in the US or go to Canada? Here are my thoughts.

Option 1. Stay in US by

subption a) switch to student visa. Is this doable? Per Ginnu, he saw many such cases rejected? What is the reason for rejection?
------- every case is diffrent, you should go to lawyer and dicuss the option, every case for F1 is not rejected
b) switch to work visa. is this doable?
---- H1, L1 O1 are only work visa search the requirements for L1 and O-1 visa O1 is for extraordinary ability
what are the chances of getting the approval for a visitor visa?
------ you will know the results after you apply, no gussing on this point
how long do they grant you, and what are the chances for renewing it for another 6 months?
------ if approved it will be for 6 months and they will not extend or renew in your case( i am 98%sure)

Option 2. Move to Canada by

a) visitor visa--i may run into dual intention problem given PR pending, right?
------ once application for Canada PR is pending they genearly dont give you visitor Visa for Canada
my hope is to get into Canada so i can start looking for a job while PR pending.
------ Canada has no IT jobs, Canada has only labor jobs
if i can get in, what are the chances of switching visitor visa to a work permit later?
------- at this point you will not find anyone to sponsor your work permit even if XYX applies with HRDC they are going to reject it, if you are Indian Cook you may get work permit easily.
b)student permit visa--dual intention problems here?

I'm sure we have people in this group who have similar situation. I'd appreciate your comment and sharing of your experience.

Regards,

**** best option file your LC in US or find approved LC with some company and file I-140 with labor substitution. you are hiting 6 years It seems you have been juming employers and that is the reason no employer filed LC for you in the past
Amber