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Again, I defer to Donald Cameron.
-----Original Message-----
From: Donald Cameron [mailto:[email protected]]
Sent: Wednesday, March 10, 2004 7:53 AM
To: [email protected]
Subject: Re: INDIA to Canada to USA - H1 / L1 / US
Visa with Canadian PR (Permanent residence) - ask an income tax
and immigration expert specialist
At 01:19 AM 10/03/2004, you wrote:
QUESTION:
Background:
------------
I have a Canadian PR visa. I am landing at Toronto in 1st week
of April with
my wife and son.
Now my Indian company where I am currently employed at India is
willing to
file my H1B visa (USA) so I can work on their USA assignments.
Question:
----------
1) If I land at Canada and complete my PR formalities in 1.5
months, Is it
possible I can work at USA based on my H1B visa?
2) If Yes, how frequently do I need to keep going at Canada? So
I can keep
my PR status
In order to retain your Canadian Permanent Resident status you
must satisfy the Immigration Officer each time you enter Canada
that you will reside in Canada for 2 of the 5 years following the
date of your landing. This means that 3 years after the date of
your landing you can expect closer examination of the amount of
time you have spent in Canada.
If your lose you PR status but your wife does not she could
sponsor you for permanent residence and you could go through the
immigration process again.
live and subsequently be elligible for applying citizenship
for
Canada.
In order to qualify for Canadian citizenship you must have
resided in Canada for 3 of the 4 years immediately preceding the
date of your citizenship application.
While "residing" in Canada for the purposes of retaining PR
status means having your feet on the ground in Canada, the
citizenship definition of "residing" in Canada does not. Madam
Justice Reed of the Federal Court of Canada observed concerning
residence for citizenship that "there is no doubt that a review
of the citizenship decisions of this court, on that issue,
demonstrates that the process of gaining citizenship in such
circumstances is akin to a lottery".
3) Is it possible that I stay at Canada and work at USA with
H1B Visa?
Hope for your reply at the earliest.
Thanks
JXXXXXXXXXX
===================================
david ingram replies:
Do NOT make your decision based upon this answer because the
rules are changing as we move along.
You can certainly work in the USA with an H1 while holding a PR
card for Canada. Part of the question would be where will your
wife and child be?
For instance, if your wife wants to work, she cannot work in
the USA if you have an H1B visa. She can work in Canada with the
PR card.
An ideal situation would be if you lived in Windsor and worked
in Detroit. You could have your cake and eat it too.
If your wife and child remain in Canada and you come back to
visit, you will be okay. If they go tot the US with you, and you
do not establish your permanent Canadian residence within a
couple of years, you are in danger of losing the PR card.
That is dangerous because you could end up losing your PR card
AND your H1B in which case, you would be back in India.
David Ingram's US/Canada Services
US/Canada/Mexico Tax Immigration & working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Calls accepted from 10 AM to 10 PM 7 days a week
Res (604) 980-3578 Cell (604) 657-8451
Bus (604) 980-0321
[email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed
information or consultation and is to be regarded only as general
comment. Nothing in this message is or should be construed as
advice in any particular circumstances. No contract exists
between the reader & the author and any and all non-contractual
duties are expressly denied. All readers should obtain formal
advice from a competent financial, or real estate planner or
advisor & appropriately qualified legal practitioner, tax or
immigration specialist in connection with personal or business
affairs such as at www.centa.com. If you forward this message,
this disclaimer must be included."
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Regards,
Donald Cameron
Immigration Advisor
Loh & Company
Barristers and Solicitors
708 North Tower, Oakridge Centre
650 West 41st Avenue
Vancouver BC
Canada V5Z 2M9
Telephone: (604) 303-9992
Fax: (604) 303-5844
E-mail: [email protected]
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