Applying for US Green Card after getting Canadian PR


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canada_pr2012   
Member since: Mar 12
Posts: 5
Location:

Post ID: #PID Posted on: 13-03-12 14:23:05

Hello All,

I'm working in the US on H1b. I'm in my 6th year; my company is filing for my Green Card but it does not seem likely that my application would clear the stages that need to be cleared to extend my stay in the US.

I'm planning on filing my Canadian PR- through the Quebec Skilled Labor category.. I would be filing for the PR via INDIA.

Now my dilemma is that I want to work in the US and get settled here.
If I end up going back to India and getting my PR, I would have to go to Canada to work.

I wanted to ask this question to the forum-

Is there any issue in getting an H1B for the U.S. after getting the Canadian PR?
Is there any issue in getting the US GC filed after getting the Canadian PR?


Appreciate any feedback.

Thanks.



rahul_singh23   
Member since: Apr 05
Posts: 1014
Location:

Post ID: #PID Posted on: 13-03-12 14:39:39

Quote:
Originally posted by canada_pr2012

Hello All,

I'm working in the US on H1b. I'm in my 6th year; my company is filing for my Green Card but it does not seem likely that my application would clear the stages that need to be cleared to extend my stay in the US.

I'm planning on filing my Canadian PR- through the Quebec Skilled Labor category.. I would be filing for the PR via INDIA.

Now my dilemma is that I want to work in the US and get settled here.
If I end up going back to India and getting my PR, I would have to go to Canada to work.

I wanted to ask this question to the forum-

Is there any issue in getting an H1B for the U.S. after getting the Canadian PR?
Is there any issue in getting the US GC filed after getting the Canadian PR?


Appreciate any feedback.

Thanks.




You must apply US Green Card in EB2 category otherwise EB3 may take 10+ year.
There is no relationship between Canadian PR or US green card.
Every province has own rules for provincial immigration so it's better to do all research and language proof for provincial immigration. You can apply Canada immigration from US or India. I knew lot of people who got Canadian immigration from US which was faster than India. I am not sure timeline now.



canada_pr2012   
Member since: Mar 12
Posts: 5
Location:

Post ID: #PID Posted on: 13-03-12 14:57:42

Yes, my GC application would be in the EB2 category. I'm not too sure that the stages would be cleared as people generally get Audits/rejections etc on the Labor application..
so wanted to work on a backup plan.

But then I want to get settled in the US- long term.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 13-03-12 16:17:32

Quote:
Originally posted by canada_pr2012

Yes, my GC application would be in the EB2 category. I'm not too sure that the stages would be cleared as people generally get Audits/rejections etc on the Labor application..
so wanted to work on a backup plan.

But then I want to get settled in the US- long term.



No impact on GC due to Cdn PR filing / status. You are correct. EB category has no bearing for your situation at this time. Your Labor certification has to be approved and 1 year should have elapsed in order to become eligible for H1 extension beyond 6 years. You will use the PERM process; however, there is a time involved process to get the PERM filed even though PERM gets approved quick.


-----------------------------------------------------------------
Dimple2001


canada_pr2012   
Member since: Mar 12
Posts: 5
Location:

Post ID: #PID Posted on: 13-03-12 17:15:56

Right Dimple.

so my question was- should I wait and see how far my GC application goes... and if it does not go well, should I go back to India and look for a company filing H1b/L1 for US.

or should I get my Canadian PR process going right away.. And if my US GC does not work out.. I can go back to India for a few months.. and then go to Canada after I get my PR.

Point to keep in mind is that I want to be in the US- long term.. and also I wanted to shorten my stay in India.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 13-03-12 20:44:17

Quote:
Originally posted by canada_pr2012

Right Dimple.

so my question was- should I wait and see how far my GC application goes... and if it does not go well, should I go back to India and look for a company filing H1b/L1 for US.

or should I get my Canadian PR process going right away.. And if my US GC does not work out.. I can go back to India for a few months.. and then go to Canada after I get my PR.

Point to keep in mind is that I want to be in the US- long term.. and also I wanted to shorten my stay in India.



If you are in your 6th year, and Labor was just filed, you should by now know whether or not an extension is possible. Based on what you have noted, it appears you do not have the time to extend beyond 6th year. Therefore, now you need to determine if you would get cdn pr within next several months.

You have a higher chance of getting called for an interview in the US while you are in Canada than while in India. Hence, if you have the patience to go through the process, yes, you should apply and obtain cdn pr and live in India short term, if necessary, until pr comes through.


-----------------------------------------------------------------
Dimple2001


dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 14-03-12 21:33:24

Canadian PR has removed a lot of categories and is now back to taking many years.
Canadian PR and H1 application or Green card application have no relation.

Your issues will start once u get a green card or PR, you wont be able to keep both because u will either miss the residency requirements of GC or PR , but this issue is a good thing to have.


As others have suggested apply for PR, preferably from USA rather than india as processing time is bound to be shorter in usa.





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