the_email:
QUESTION: Hi, I just got Canadian PR (not landing yet) and am currently
holding H1B in US. I'd like to start finding jobs and hopefully get an
offer before landing in Canada. However, I'm quite troubled as to how to
travel in and out of Canada / US for interviews w/o delaying my current job.
I've learned that a Canadian PR holder needs to apply a visiting visa to
come back to US. The process could take months. If I just go for interviews
w/o landing, I'll need a Canadian visiting visa. And, there might be a
problem to come back to US with my H1B visa. I'd really appreciate any
advice concerning my problem.
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david ingram replies:
I am not aware of any problem with a PR with an H1B visa coming to Canada
and returning to the US unless your citizenship is from one of the
countries that the USA restricts in crossing the border. If so, you should
deal with a US Immigration attorney with experience dealing with nationals
from your country.
My first recommendation would be to deal with the law firm who obtained your
H1B in the first place.
However, that firm is likely representing your employer and just might
inform the employer of your intention to leave.
You should therefore contact or see an immigration lawyer where you are.
If it turns out that your citizenship does require a special re-entry permit
because your H1B does not permit multiple entries, you are likely forced to
just make the move.
But look on the bright side. Your PR card allows you to live anywhere in
Canada and work at any job offered. There are no restrictions other than a
couple of Security positions that you would not likely be looking at anyway.
After five years, you can apply for citizenship and then re-enter the US
more easily as a Canadian Citizen. If you have a recognized degree which
you likely do with the H1B, you can get a TN visa in the future the same day
you apply.
A US Immigration lawyer with vast experience dealing with Canadians going to
the states is Joe Grasmick.
He is set up to accept a $285.00 fee in advance at:
http://s1.amazon.com/exec/varzea/ts/exchange-glance/Y01Y4838730Y0462867/058-
4131043-7310236
I think you would be well served if you were to pay the $285 and book a
phone consultation with Mr Grasmick if you cannot find anyone local. If you
happen to be in Washington state, You could use Terry Preshaw in Everett at
(425) 259-1807 or Dennis Olsen in Everett at (425) 265-0024. Dennis is a
former US Consul in Vancouver. Terry is a dual citizen with an office in
Vancouver BC as well.
Hope this helps. You already have your PR card so we cannot help you there
but when you do move, you should send us your departing US / arriving in
Canada tax returns even if you have to courier them 3,000 miles. Few firms
are set up to handle US Canada Income tax returns for the year of arrival
and departure either way.
==================================
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US / Canada / Mexico tax, Immigration and working Visa Specialists
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Cell (604) 657-8451 -
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