Maintain H1B status while living outside US

P

Parth1970

Registered Users (C)
I am under 8th year extension on H1B, I am landed immigrant in Canada, and to maintain PR I need to be present physically in Canada.

My company doesn’t have any problem if I work from home (Canada) until PD (June 2004) becomes current and attend interview for CP in Canada.

Is there any problem to maintain H1B and work for US company while living most of the time out of US?

Thanks and appreciate for reply!

Parth
 
You want to work from canada for your company in the US. Being a PR, you can work in canada. Eventually, your pd becomes current and you can attend cp. In the meantime are you anticipating having to return to US? If not, you would not need to maintain your h1b.
Parth1970 said:
I am under 8th year extension on H1B, I am landed immigrant in Canada, and to maintain PR I need to be present physically in Canada.

My company doesn’t have any problem if I work from home (Canada) until PD (June 2004) becomes current and attend interview for CP in Canada.

Is there any problem to maintain H1B and work for US company while living most of the time out of US?

Thanks and appreciate for reply!

Parth
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And I believe you will then have to choose one between your two permanent residences as it is forbidden to have both Canadian and US "green cards".


Stoned!
 
StonedAnt said:
And I believe you will then have to choose one between your two permanent residences as it is forbidden to have both Canadian and US "green cards".


Stoned!
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i do not think its forbidden to have both US & Canada green cards. Its only that in a few years you will not be able to maintain residency requirements for both and you might end up losing one eventually..
 
Thank you for information.

with respect current situation, I will get Canadian citizenship before the PD (June 2004 EB2) will current?
 
Parth1970 said:
with respect current situation, I will get Canadian citizenship before the PD (June 2004 EB2) will current?
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Does Canada allow you to obtain Canadian citizenship while pursuing permanent residence of another country? For US citizenship, they would probably take that as an intent to abandon US residence, and deny citizenship.
 
Jackolantern said:
Does Canada allow you to obtain Canadian citizenship while pursuing permanent residence of another country? For US citizenship, they would probably take that as an intent to abandon US residence, and deny citizenship.
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This is good point, I need to check this in this case and consider current situation with PD, better to forget about GC, and after Canada Citizenship change H1b to TN visa.

Or somehow can I keep my PD and file I-140 ones PD is current?
 
Parth1970 said:
This is good point, I need to check this in this case and consider current situation with PD, better to forget about GC, and after Canada Citizenship change H1b to TN visa.
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Find out what the role of "intent" is when it comes to Canadian citizenship. If they are less concerned with "intent" that the US, it may be legitimate to pursue and obtain Canadian citizenship while your US green card is pending. But most of us here don't know much about Canadian immigration and citizenship, so I don't know if you'll get many useful answers on that topic on this forum.
Or somehow can I keep my PD and file I-140 ones PD is current?
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The problem with that strategy is the combination of the unpredictable backward and forward movement of priority dates along with the 180-day validity of an approved labor certification. Waiting for your PD to become current before filing the I-140 will often result in the labor certification expiring. But as I said above, maybe filing I-140 is not held against you for Canadian citizenship. You'll have to research the Canadian laws and procedures.
 
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Parth1970, let me summarize the situation (as I had gone thru this several years ago, now a Canadian Citizen & on 11th yr H1)

1) You can continue to maintain (extend) your H1, while you are working FROM Canada for a US company (get paid in us$).
2) Go thru the Citizenship process - when you get it, you just need H1 and the Citizenship proof to get back to US (GC process will not be an issue once you are Canadian Citizen)

Let me know if you have further questions on this.
 
Maple9 said:
(GC process will not be an issue once you are Canadian Citizen)
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The main question is whether it will be an issue during the attempt to obtain Canadian citizenship. Attempting the reverse (applying for US citizenship while having a pending Canadian PR application) is grounds for denial of US citizenship and possibly revocation of the green card.
 
Hi Jack....

You could be right....but at this time, I don't know much about the reverse situation. As far as I know, I don't see any issue with Path1970 situation - He already has Can PR and waiting for the PD to be current for CP (I suppose, he can wait in Canada).
 
Being Canadian citizen does not mean they have to live in Canada, therefore, applying for Canadian citizenship and US LPR do not conflict.
 
GotPR? said:
Being Canadian citizen does not mean they have to live in Canada, therefore, applying for Canadian citizenship and US LPR do not conflict.
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Being and becoming are two different things. Being a US citizen does not require living in the US, but the process of becoming a US citizen requires residing in the US.

If Canada has a similar residence requirement that also involves "intent" to live in Canada, applying for US GC could be in conflict with obtaining Canadian citizenship. But I don't know if Canada has such a requirement.
 
Last time I checked, the Canadian PR is good for 5 years out of which one must reside at least 2 of those within Canada to be eligible for citizenship.

Also, when I was pursuing Canadian PR myself, I was told by many resources that one cannot possess both Canadian PR and US green card simultaneously. The resources included users of these forums as well as a handful of attorneys that I was consulting at the time. I even read experiences of many other users on these forums on how they were given a hard time when landing in Canada once the authorities there became suspicious of their "dual intent". The same was true for vice-versa when many landed Canadian PRs returned back to the US and tried to enter using their AP. Interestingly enough, from what I know, dual citizenship between US and Canada is allowed.

Of course, I have not gone to the extent of reading the law books myself so I cannot quote any particular passage, so don't hang me for sharing what I know, thanks.


Stoned!
 
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