Very Important - Please Answer!!!

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hello12

Registered Users (C)
Hi,

I am in currently on H-1 and my company has filed for my Green Card which will take a long time to come. In the meantime I am thinking of getting permanent residency for Canada. In this regard I have a few questions:

1. Can I commute from Canada to the U.S. on a daily basis for work on an H-1 visa (Basically I want to live in Sarnia, Canada and travel to work at Buffalo in U.S. where my company is) ? Is it legal from Canadian as well as U.S. standpoint or not?

2. When my employer filed for my green card, I have an Indian passport. In case by the time my green card comes and I become a Canadian citizen, will it be OK to get the Green card on a Canadian Passpot even though at the time of labor certification of the Green card the I have filled up the citizenship as India?

3. Any idea as to how much time it is taking to get the Canadian residency nowadays?

4. Also, do I necessary have to stay at the Canadian side and work on the American side or can I also stay legally in the American side as well, as I do have the H-1 visa.

5. If I stay on the Canadian side and work on the American side of the border, then will that time count towards my stay for getting the Canadian citizenship or not?

6. In case after getting the permanent residency of Canada, I stay and work as well on the American side, still will that time count towards getting the citizenship of Canada or not?

Please reply!!! Thanks a lot.!!!
 
I am in currently on H-1 and my company has filed for my Green Card, which will take a long time to come. In the meantime I am thinking of getting permanent residency for Canada.
---- Canada has no IT jobs, I don’t know the reson for immigration to Canada if you have other reasons then file the papers, if you have cleared your LC in US better not to waste money on Canada immigration
In this regard I have a few questions:

1. Can I commute from Canada to the U.S. on a daily basis for work on an H-1 visa (Basically I want to live in Sarnia, Canada and travel to work at Buffalo in U.S. where my company is) ? Is it legal from Canadian as well as U.S. standpoint or not?
--- Yes, you can
2. When my employer filed for my green card, I have an Indian passport. In case by the time my green card comes and I become a Canadian citizen, will it be OK to get the Green card on a Canadian Passport even though at the time of labor certification of the Green card the I have filled up the citizenship as India?
------------ no problems, any passport will do, to apply for Canadian passport, first you have to stay for 3 years in Canada, then you have to apply for Canadian citizenship that may take 7-12 months then only you can apply for Canadian passport if citizenship of Canada is granted
3. Any idea as to how much time it is taking to get the Canadian residency nowadays?
---- Do you mean Canadian immigration process? It can take between 18-22 months from the date you file your papers
4. Also, do I necessary have to stay at the Canadian side and work on the American side or can I also stay legally in the American side as well, as I do have the H-1 visa?
---- To maintain your Canada permanent residency you have to stay 2 years in Canada in any 5 years. You can work in US on H1 for 3 years with out loosing Canada PR status but if you work in US and sleep in Canadian side you will be resident of Canada
5. If I stay on the Canadian side and work on the American side of the border, then will that time count towards my stay for getting the Canadian citizenship or not?
---- If you stay Canadian side that time will be counted as Canada residency, it depends where you sleep, where you have apartment to stay.
6. In case after getting the permanent residency of Canada, I stay and work as well on the American side, still will that time count towards getting the citizenship of Canada or not?

---- You need to be resident of Canada for 3 years then only you can apply for Canadian citizenship AND you MUST pay the Canadian tax for 3 years before you apply for Canadian Citizenship. Do you know how much tax you have to pay? Check the Canada tax site, after paying tax check how much you can save? Canada has the highest tax rate and if you pay Canada tax while you wait for US GC you will not be approved US GC as you will not be counted resident alien of US because you have not paid US tax and at final GC interview you may have to show federal tax that you paid to IRS or they can check records with SSN# immediately and if you don’t pay US tax GC can be revoked any time, read How to maintain US GC on lawyer sites
 
canadian/us immigration - living in the us/canada

To the original poster
If you were to even start your US immigration now you'd probably get your gc before u get ur canadian citizenship comes thru so those questions are irrelevant

What you said Ginnu is not accurate.
1. You DO NOT NEED to pay us tax to get a gc. You do not need to pay a dime to IRS if u live and work outside the country.

2. If u work in the us and live in canada in any case you have to pay US taxes AND then Canadian taxes so all your other statements are just flat out wrong.

Morever if u r married and ur spouse does not work even with salaries of approx 90 - 100k US u dont have to pay a great deal of tax.

Please make sure of your information before you start spreading it !!

Originally posted by ginnu

6. In case after getting the permanent residency of Canada, I stay and work as well on the American side, still will that time count towards getting the citizenship of Canada or not?

---- You need to be resident of Canada for 3 years then only you can apply for Canadian citizenship AND you MUST pay the Canadian tax for 3 years before you apply for Canadian Citizenship. Do you know how much tax you have to pay? Check the Canada tax site, after paying tax check how much you can save? Canada has the highest tax rate and if you pay Canada tax while you wait for US GC you will not be approved US GC as you will not be counted resident alien of US because you have not paid US tax and at final GC interview you may have to show federal tax that you paid to IRS or they can check records with SSN# immediately and if you don’t pay US tax GC can be revoked any time, read How to maintain US GC on lawyer sites
Click to expand...
:)
 
Will Canada PR affect US green card?

Hi, Applied Canada PR in June 2002, so I guess they will assess my application in the next a few months. My 485 is still pending.

Anyone knows if Canda PR application will affect my US green card application at any stage of this process? Is there any way I can get both Canada and US PR status? Let's say I will get Canada Initial Assessment this November, Submit Medical next Feb, and landing next June. But I have not get my I-485 cleared by next June, will landing in Canada affect I-485 interview or something else? Thanks.
 
hello12 ,
Just curious.If you are going to work in buffalo why would you want to live in sarnia which is 200 miles away.Toronto is much closer.
 
Originally posted by fizalk
hello12 ,
Just curious.If you are going to work in buffalo why would you want to live in sarnia which is 200 miles away.Toronto is much closer.
Click to expand...

St. Catherines!!
 
Last edited by a moderator:
hello12


http://www.murthy.com/chat0827.html
Chat User : Hello. Is it necessary to have last 3 years 1040 Tax return copies while filing for I-485 at VSC? Is it okay to file I-485 now with only 2 Tax returns?

Attorney Murthy : Yes, it should be fine, especially if that is how long you have been in the U.S. and worked. Please note that tax returns are not ordinarily submitted with I-485 filings, unless family-based case. If employment-based case interviewed at local office, common for INS to request tax returns at that time.
 
Thanks for your replies.

Thanks a lot for all your replies.

Yes, you are right, I will not be staying in Sarnia.

Thanks a lot for your replies Ginnu. It was very informative. However, I have come to know from other people too that living in Canada and working in US, you have to file taxes for both the countries but it does not come out to be a lot more than what one already pays in the US. It is more paperwork though. But I guess the US tax that you file will not be Resident Alien category(if one stays in Canada). Will that affect the GC process?
 
“Alien category(if one stays in Canada). Will that affect the GC process?

Go to BCIS site and Read the Instructions on form I-131 (that is AP form) instructions are before the actual form I-131 and read the Instruction second page
EFFECT OF CLAIM TO NONRESIDENENT ALIEN STATUS FOR FEDARAL INCOME TAX PURPOSES
 
I have got another question. As my US green card will take a long long time to come, I am planning the following: Stay in Canada and work on h-1 in US. That way I will get the Canadian passport and then get the Green card. The catch in this is that I will be a non-resident alien in US while my green card is being processed. This will create problems. In order to ward this I am ready to maintain two apartments. One in the US side and the other on the Canadian side? My question is, will this be legal or not?
 
Originally posted by hello12
I have got another question. As my US green card will take a long long time to come, I am planning the following: Stay in Canada and work on h-1 in US. That way I will get the Canadian passport and then get the Green card. The catch in this is that I will be a non-resident alien in US while my green card is being processed. This will create problems. In order to ward this I am ready to maintain two apartments. One in the US side and the other on the Canadian side? My question is, will this be legal or not?
Click to expand...

Why will it be a problem with your green card if you stay in Canada and work in the US? If anything it will be better because then you will be forced to us consular processing and you'd be out of the 485 mess. If anything you would get your green card a good 1.5 years earlier!!

I really do not see any issues re: your green card whatsoever in staying in canada and commuting. Its really the best of both worlds if you can swing it.
 
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