| Q. |
US Green Card Application and Canadian Permanent Residence
I have applied for Canadian permanent residency under the federal skilled worker program. I received an approval notification and a request for submission of my passport to have the Canadian Permanent Resident visa affixed to my passport.
My US Labor Certification Application is currently in audit.
If I proceed to have the Canadian Permanent Resident visa affixed to my passport, whilst maintaining my current H1-B status how will this affect my US green card process?
If I proceed to land in Canada as a permanent resident, can I legally return to the US to continue to work on my H1-B visa? How will this affect my US green card process?
I am Zimbabwean and have held one H1-B visa that has been extended for three years and will expire in December 2010.
User's Location:
Syracuse, New York, United States of America
Category:
Employment-based Green Card
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| A. |
Obtaining Canadian permanent resident status does not affect your H-1B status or green card paperwork. Your H-1B will still be valid and your green card paperwork (labor cert in audit) remains unaffected. You can continue working in H-1B status and continue with your green card process.
If you travel to Canada, you will need a valid H-1B visa in your passport in order to return or travel for les than 30 days and be eligible to return under automatic visa revalidation procedures. As long as you have a valid visa and or qualify under automatic visa revalidation procedures, you may return and continue your H-1B employment.
One issue that may arise is trying to live in the US and work under H-1B status while meeting physical presence and residence requirements for Canadian permanent residency.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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