Posted on: 03-12-04 23:03:48
Dear friends in CD I am in deep trouble. I was a landed immigrant for 3 + years as an English knowing general Laborer ( they abound in Canada !! ) who later got H1 in the USA. My wife who is on H4 recently had a baby who obviously is US citizen . I recently became Canadian citizen.My H1 is expiring in ~ 4 years & green card has not been filed yet.( Nor is there any hope of being filed at my present job!! ). I dont want to come back to Canada and instead would like to work in theUSA( no doubt unlike Canada, opportunities look for immigrants here ! ). So what should I do ? Change my employer in US who could oblige me or rather start working on TN visa ( what will happen with my wife , then ?If she goes back to India, what about the baby ? Can I file for my wife's PR for Canada after staying in the USA , but close to Canadian border while on TN or H1 ?? Please advise this United Nations family in jeopardy!!
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Orginally posted by amritanand
So what should I do ? Change my employer in US who could oblige me or rather start working on TN visa
Finding a different employer is the easier option, I think.
If you don't want to come back to Canada ever, then why take Citizenship either?
Simply change your employers and find one who would sponsor a GC.
Why make things complicated with citizenship, TN, etc.
4 years is about enough time to get a GC, and now-a-days, they anyway have a law where you can be on H-1 beyond the 6 years if your LC has been filed for over 6 months.
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( what will happen with my wife , then ?If she goes back to India, what about the baby ?
Don't make things complicated for yourself and her.
It is not fair on her and your baby if you send them back to India like this.
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Can I file for my wife's PR for Canada after staying in the USA , but close to Canadian border while on TN or H1 ??
Simple answer - NO.
You cannot sponsor anyone for PR if you are not present in Canada.
You have to prove that you are living *in* Canada and Canada is the center of your life to sponsor anyone for PR.
Having a job in the US, living in the border towns, etc. won't cut it I think.
I personally know of someone who tried this and CHC terminated the case.
He is now filing for appeal - he is sitting here in Canada, wife is sitting in the US on an expired H-4 visa.
He cannot visit her because he is not a citizen yet, she cannot leave the US - big mess.
Try and keep things simple.
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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"
Quote:
Orginally posted by amritanand
Dear friends in CD I am in deep trouble. I was a landed immigrant for 3 + years as an English knowing general Laborer ( they abound in Canada !! ) who later got H1 in the USA. My wife who is on H4 recently had a baby who obviously is US citizen . I recently became Canadian citizen.My H1 is expiring in ~ 4 years & green card has not been filed yet.( Nor is there any hope of being filed at my present job!! ). I dont want to come back to Canada and instead would like to work in theUSA( no doubt unlike Canada, opportunities look for immigrants here ! ). So what should I do ? Change my employer in US who could oblige me or rather start working on TN visa ( what will happen with my wife , then ?If she goes back to India, what about the baby ? Can I file for my wife's PR for Canada after staying in the USA , but close to Canadian border while on TN or H1 ?? Please advise this United Nations family in jeopardy!!
I agree with Pratick. Keep things simple.
Why do you want to apply for your wife's Canadian PR? Since you don't plan to return, she'll never need it. And worst-case scenario, if you do have to return to Canada, you can sponsor your wife and kid at that time. While you sponsor her, if she has to stay in India for a few months, your kid can stay with her on a visitor visa.
Focus on the U.S. immigration part. Since you're a citizen already, Canada's always an option if nothing works out.
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