Background
I have my Canadian immigrant Visa stamped on my passport valid till June 2004. I am currently in the US on a H1 visa (which recently expired in Nov03). My company has filed an extension for my H1 extension (in Sept 03) and I am expecting that an extension should come through by end of January 2004.
Issue
In Feb 2004 after my H1 extension comes through, I am planning to land in Canada and get my Canadian PR Card (I understand that all formalities are to be done at the Canada entry airport and then await for the card, which comes in 2-3 weeks to your Canadian address (I suppose I will be in a Hotel/Transit home.) During the 2-3 weeks I also plan to get my SIN and any other Canadian formalities done. (Though the website mentions it could take up to 8 weeks) All this I understand should take 2-3 weeks Please confirm if my understanding is correct.Also I read somewhere that it is completely legal to leave Canada before the PR card comes i.e. give the address of some friends in Canada and ask them to courier it to me in the US. But I also read somewhere that that one has to get a travel document of some sort if the PR card has not come and one has to leave Canada before that. Please advise.During the same visit I intend to got to the US embassy and get my new H1 visa for the US stamped in my passport (as the Old one as I mentioned has got expired). After which I plan to return to the US (for at least 6 months till my daughters school year get over in July) and then head to Canada.This is my plan. Is there any problem with the approach? What if any are the concerns and potential problems .Till when can I stay in the US after I get the Canadian PR Card. Please advice? Are there any tax implications as I am now a Canadian citizen and will be in the US after I get the card?

A nicely drafted out enquiry I would say.

I will try to give reply pointwise, though not necessarily in the same order that you have put your enquiry in.

1. Your plan is perfect - in short. Once you get an extention of your H1, you can land in Canada so that you have no problem going back to US.

2. Yes, the formality for PR card will be done at the airport and you can give your friend's address for it to be mailed there.

3. Other formalities do not take long - like SIN and Health Card. One of my cousins who is also working in Ohia came here during Thanksgiving holiday and since Canada is open on that day, they did everything in a day and left on Saturday morning back for US. I have received their SIN and PR card last week (means less than 3 weeks) and shall be sending the same to them now.

4. PR card is needed for entry into Canada - not really to exit, since like USA, there is no immigration check in Canada while going out.

5. Therefore, you need not stay in Canada in hotel for 3 weeks - you can easily go back in 2-3 days if you can arrange for some address where the cards will be mailed for you.

6. Once a landed immigrant, you can stay out of Canada for 3 years out of 5 years. So if you leave Canada in March next year, you can safely stay out till March 2007 (unless the rules change in between!)

I hope I have answered all your queries to your satisfaction.

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Chandresh

Advice is free – lessons I charge for!!