Question:
My husband is on H1B visa in usa for past four & a half years. Now
his firm has filed for Green Card. But we r running short of time, as
his visa expires in June 2003.
Can we apply for Canadian Immigration, at the same time ?
Answer:
Yes, i understand you can. I am not attorney however couple of my
friends did so. That is the best bet too.
Now this is what is pissing off a lot of people here ... Using
Canadian Immigration as a back up to US GC ... If u don't want to
settle in Canada don't even think about applyin here ... The very
reason that u have a Green Card pending in the US calls for the
disqualification of ur Canadian PR ... If u can't get the Green Card
in the US go back to India .. stay for a year and come back to the US
and reapply ... If that is not possible try an extension of H1B if ur
husband in the third stage for more than 6 months ... SO i say it once
again .. DONT APPLY to Canadian PR unless u r want to settle in Canada
... there are many people who want to get to Canada and not to the US
.. please don't jam the lines on them ..
Paul take it easy dude!!!!!!!!!!!!!!!!!
I did the same thing also no problem. So you can apply for Canadian PR while
your US Green card is in process and too bad some of these people don't like
it.
Canada is trying to attact people who respect and love Canada...who wish
to build Canada into an even greater place. They don't want people who
are effectively America's rejects.
People who really want into America and who go to Canada because they
got rejected, don't belong there, and should move aside to allow those
of us who do want to be Canadian, and only Canadian in.
Candian PR option is the other alternative, but certainly not the
first option.
In case the labour certification is approved and you atill have a
years time, the H1B visa can be extended beyond the 6 year quota. In
case it is not, but the current company want to keep you, then you may
have to stay outside U.S. for a year, before resuming the current job.
Meanwhile the green card process may continue (even in your absence
period).
It is not only about liking or not liking it. It is about laws in both
countries which clearly state that obtaining permanent residence status in
another country results in ceasing to be a PR in the first one. So, you can
apply for both at the same time but you cannot legally hold both. Many who
tried it ended losing both and had to return to their home countries, although
there are some "lucky" ones not caught yet - now when immigration computers of
both countries are linked it will be easier to catch such abusers.
There is no bar to applying for Canadian permanent resident status at
the same time. If successful in both, however, it may be necessary to
forfeit one inevitably.
You used Canadian PR to get (or wait for) your US greencard? So where are
you now? Are you just waiting for your US greencard to be approved and you
will return to the US as soon as you get it?
In the process of doing this, you and many people like you have wasted a lot
of goverment resources and time which could have been used to process the
application of people who are genuinely interested in migrating and staying
in Canada. That's unfair! Now, you're suggesting that other people do the
same thing? That's unfair!
There was a case a few years back where someone went through exactly
this problem ... but worse happened. His homeland took away his
CITIZENSHIP because he had taken permanent residence elsewhere. He had
literally become stateless! I never did find out what happened to the
guy in the end ... but talk about a disaster!
Prayers work where doctors fail. I Pray to God for your recovery.
Becoz, the history of Cancer seems to be the only reason behind your
inability to Migrate to Canada.
And i really hope that a SOLUTION comes your way & you finally get to
migrate to Canada.
As an American, I have to tell you that I don't want you as a PR in my
country either. If the US doesn't want you and you can't make the 80
point system for Canada, will you then try out England or Australia?
Nice to have the option of trying on countries to size isn't it. You
want to pick and choose where to buy your home and raise your family.
Hell, I'm married to a Canadian and I can't migrate to Canada because of
a history of cancer.
