Will canadian PR visa stamp give problem to US GreenCard application

M

maddux1

Registered Users (C)
I am on H1B and applying for both US and Canadian PR. My intent is to stay in the US, canada is backup.

My US PR application status is still in the labor cert. However my Canadian PR has completed and now they’re asking me to send my passport to Buffalo for stamping. interview waived. I didn't expect it so soon.

Will having the stamp jeoperdize my US gc application?

I am confused now. should I submit my passport? I have been living in the US for 10 + years (F1-H1) and never went outside US. so the only US visa stamp I have is my F1 (expired 9 years ago). If I go to Canada to claim my PR , I then need to apply for H1Bvisa stamp which mean I have to go back to my country (since this is a new visa), it will take a long time (my country is in the list of required background check for male 16-45 yr) and there's a danger that I may not be granted the visa stamp. I won't take the risk. in short I will not be able to go to canada and go back to the US. if I want to claim my cnd pr then I need to say goodbye to US , meaning I leave US for good and stay in the canada... this is a HUGE decision. I need more time to think, however buffalo office only gives me 30 days to submit the passport (only 20 days left now..)

so
scenario 1: send the passport to buffalo for cnd stamp, think, decide to go to canada, give up employment in the US, move to canada.

scenario 2: send the passport to buffalo for cnd stamp, think, decide to stay in the us - give up the cnd pr, notify buffalo, get landing fee back. continue us labor cert - US greencard process.

Will the stamp give problem with my US gc application? will INS give me problem because I applied Canadian PR WHILE pursuing US PR ? and my passport now has the Canadian stamp??

scenario 3: cancel cnd pr now, do not send passport. no cnd pr visa stamp. continue with labor cert- us gc.


Thanks!!
 
additional info

I forgot to mention that my 6th year H1B will expire next year, spring. do I need to give my most recent copy of my passport (which will have the cnd pr visa stamp) to company's lawyer which will do the renewal?. will this give problem to H1B renewal? (the stamp) can I just give the old copy (without the stamp). another thing is I don't really want my company lawyer to know that I am applying for canada pr. cos they'll tell HR and I don't want HR to know cos they may think I am planning to quit.
 
I don't see any problems with both parallel processes. My case is little different than yours.
Here is my experience: Applied for canada PR as well as USGC . Canada PR approved in Feb. and would have got expired end of this month. US GC approved and stamped beginning of this month. Yesterday I landed in Toronto - and back to day to US on GC stamp.
- so if having both stamps is ok then applying should be ok.

maddux1 said:
I forgot to mention that my 6th year H1B will expire next year, spring. do I need to give my most recent copy of my passport (which will have the cnd pr visa stamp) to company's lawyer which will do the renewal?. will this give problem to H1B renewal? (the stamp) can I just give the old copy (without the stamp). another thing is I don't really want my company lawyer to know that I am applying for canada pr. cos they'll tell HR and I don't want HR to know cos they may think I am planning to quit.
Click to expand...
 
gcinfo1971,

I am in the same situation. I recently got my USGC and I need to enter canada in the next couple months...Are there any consequences of landing and then just turning back rightawaY? Also, what are the consequences of allowing the Canadian visa to expire without landing.

ANy help/advice would be greatly appreciated.

Thanks!
 
what documents to give while exiting USA?

what documents are to be given while going out of USA? my H1 has expired. i am going to re-enter on AP.
 
maddux1

Couple of points based on your email

1) You can enter Canada as a landed immigrant by land and use the 30 day revalidation rule to enter the US based on your I-797 as long as you do not apply for and are denied a US visa at a Canadian consulate in Canada.

2) Since you will land as a Canadian PR you are eligible to apply for a US visa in Canada since you are a "Canadian resident" . No need to go back to home country.

3) Having Canadian PR visa stamp has no impact whatsoever on US H1 or Green card application process. Only after you finally get US GC in hand then you have to choose one or the other
 
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