Canada PR and US Green Card


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Gary   
Member since: Oct 03
Posts: 62
Location: Toronto

Post ID: #PID Posted on: 06-01-04 11:38:52

Hi All

I am a PR of canada and working in US on H1b visa. My question is as follows.

1) Can I apply for a green card while in USA ?

why I am aksing this is, as I am already a PR of canada and citizen of india. Will applying green card of US violates the canadian residency ?

All suggestions will be appreciated.

Thanks


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Thanks
Gary


guptaak_2000   
Member since: Nov 03
Posts: 41
Location: GTA

Post ID: #PID Posted on: 26-02-04 03:27:23

Yes u can apply for US GC while on H1B but cannot if u r on TN visa.

AG.



Gary   
Member since: Oct 03
Posts: 62
Location: Toronto

Post ID: #PID Posted on: 26-02-04 09:43:13

Thanks for the reply. I know that I can apply for GC while I am on H1b which is not in case of TN.
My question was will it make any negative affect on my PR status. Like , How come a person can be a Permanent resident of two coutries kind of things.


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Thanks
Gary


guptaak_2000   
Member since: Nov 03
Posts: 41
Location: GTA

Post ID: #PID Posted on: 27-02-04 00:33:24

I don't see any neg effect on ur Can PR.. and many Can PRs work on H1 instead of TN just so that they can go for US GC.. as long as u lawfully maintain ur Can PR status u shld be good.

AG.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 27-02-04 21:44:37

While it is true that the current law allows a lot of flexibility (the 2/5 rule) for maintaing PR, applying for and obtaining a permanent residency of another country (US GC in this case) can be deemed as abandoning your Canadian PR.
I would tread cautiously here - if you stay out for a long time and get your GC in the meantime and then try to return, you may have some convincing to do.
I would suggest consult an immigration attorney who specialised in both US and Canadian immigration procedures.
And no, I am not a lawyer, this just my opinion and should not be construed as legal advice yada, yada, yada...you know the PC drill.

Hope this helps some.


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"




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