Texancanadian,

Not to discourage you anyway or be offensive, but I think you are worrying way too much. I think you need to plan good, but please don't kill yourself thinking too much about everything. I was like that years ago and it doesn't help.

About your 485, if you are under EB3, there is a long wait before PD becomes current. By that time, there probably would be million changes in the totally screwed up US immigration laws. EB2 has a decent wait as well. All these assumes that there would not be further retrogression (bad) or PDs becoming current for all categories (very good).

To answer your question, yes, when you file 485, you need to be present in the US. But your PD has to be current to file your 485 which under EB3 seems like a mirage. So, plan your life for the next 2 yrs and no longer and you will find yourself a lot of peace of mind.

Have you moved to Windsor yet?

About that Cdn PR not allowed to commute...I am not sure if that's true. However, I'll put a worry bug into your ears. Almost a year and half ago, returning from Amsterdam into Detroit, this officer at the DTW POE said that was a "rule" coming into place that would not allow people holding "status" in both countries. I think she meant being both a Cdn PR and US non-immigrant. I did not ask further since I was dead tired after the trip and did not care, and she was in no mood to elaborate what she said either.

Hope this helps.

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Dimple2001

Thanks Dimple,
I am worrying about 485 as my PD is in August 2001 so its not that way out. But with EB3 India stuck at April 2001 and with no end in sight due to the 245 I ppl one never knows what will happen.

I am still in Hosuton. I need to decide by Jan 2008 on my decision because in mid March 2008 I complete 3 yrs out of 5 outside Canada.

Bottom line I need to decide between doing the Windsor Detroit thing and Toronto.

My wife is in a professional program in the US which she wont complete until December 2008. I dont mind moving a living alone for a yr, however since I will be in Detroit and on H1 I can come and meet my family often (maybe once a month). If I move to Toronto and on Canadian payroll I loose my H1 and not sure if they will issue me a B1/B2 so fast that I can visit my family.

We H1's stuck in retro are in a precarious situation stuck at the whims and fancies of US Immigration law.

Just curious.... what's 245 I ppl ?

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Dimple2001

The 245 I people are those that Clinton gave a semi-amnesty to before he left in 2001.

Basically the rule says that if you were illegal or out of status and if an immigration petition (either family or employment based) was filed for you prior to April 30,2001 you can legally adjust to a legal status at the end of the process without the 3 and 10 year bars applying to you.

This led to enmass filing of labor certs by the illegals which clogged the labor certification system for years to come. Now with the backlog reduction their labors are being cleared and thats why PD's arent moving.