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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-26-2010, 12:17 PM
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Default Should I move to Canada?

Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).

So trying to decide if I should take on all hassles and move (so atleast maintain what I got) or take the easy way and enjoy life (aka. wait here not knowing how long more). My job is ok for now but who knows when the priority date comes up if I am unemployed if they are going to screw me all over again? I know it is lot of hassle (I have to rent my home here, move, transfer the kid's education etc etc.) to move to a new country and settle down all over again, but atleast I am a permanent resident there on day1.

My wife says we should move, and I am hesitant (I guess it shows ladies look for commitment albeit the journey is harder).

What do you guys think? I am especially interested to know if I will be risking my existing GC process by moving to Ca? I am thinking I'll come back if the GC approval come through within the next 2 years, else I want to live in Ca for 2 years and comeback after that so I can atleast maintain my PR (and use it as a fallback if needed).

Would appreciate your response.

thanks,
AR
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  #2 (permalink)  
Old 04-26-2010, 01:21 PM
asp asp is offline
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Default

Hi AR,

I was also in a similar situation with regards to moving to Canada. I had landed in June 2006 and my Canadian PR is going to end in June 2011. I thought thru all the aspects and then decided that I will let go Canadian PR and stay put in the US and wait for the GC (I am still waiting... ). I had applied for the Canadian PR for the same reasons as you (backup for GC). But my wife & I decided that we will just wait for GC in the US. If for some reason we do not get GC then we can might as well shift back to India rather than relocating to a totally new country.

I did travel to couple of places in Canada and realized that most of the people take Canadian PR so that they can get Canadian Citizenship and eventually move to the US. Of course there are people who liked Canada and settled there (esp. Vancover & Toronto) but there you have to do lots of adjustments, including getting adjusted to the cold & long winters etc.

Now that we are in the US for last 10 years we have made friends, gotten adjusted here. But we are not ready to restart that whole process in another country. And what for..? Now even in India people get comparable salaries plus you have your family/relatives/friends and social support.

Long story short, we decided we'll wait for GC in the US. If we don't get GC, we will just settle back in India...

Hope this helps...Let me know if you want to discuss this further

Regards
PA
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  #3 (permalink)  
Old 04-26-2010, 01:26 PM
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i know it's not easy to decide where to go. your PD is not far, just 6 months far from current PD.

think if this is possible. you live in canada and come to work in USA. some people does this, i'm not sure if it works for you.


Quote:
Originally Posted by akra View Post
Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).
...................
AR
__________________
TSC EB3-I Dec 2004.
I-140 Approved May 11 2007
I-485 RD 08/10/07, ND 10/04/07
EAD/AP rec Oct 11 2007
H1B ext till Aug 2010.
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  #4 (permalink)  
Old 04-26-2010, 01:34 PM
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Default

Did you consider changing to Consular Processing (CP) from AoS?
I am not sure if foregoing Canadian PR is a wise think to do. Going back to India with a Canadian citizenship might give better chances in IT companies as having Canadian citizenship gives access to many countries without the need for Visa or with minimal documentation.
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  #5 (permalink)  
Old 04-26-2010, 01:34 PM
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Default

Thanks PA for your reply. Just one question - if you landed in June'06 and didn't live in Canada since then, your PR should already be invalid, right? I think you need to live there 2 years out of every 5year block to keep the PR valid, so your's would have come to an end by June 2009. When you say PR is going to end at June 2011, are you talking about the validity of the PR card? We never applied for a PR card (returned immediately after landing), but my understanding is that irrespective of the PR card, you have to fulfil your residency obligations to keep the PR valid (there are exceptions like if you are working for a Canadian company etc.) Could you please clarify? Also if you know any other way to keep the Canadian PR valid without actually moving in please could you let me know?

thanks,
AR.

Quote:
Originally Posted by asp View Post
Hi AR,

I was also in a similar situation with regards to moving to Canada. I had landed in June 2006 and my Canadian PR is going to end in June 2011. I thought thru all the aspects and then decided that I will let go Canadian PR and stay put in the US and wait for the GC (I am still waiting... ). I had applied for the Canadian PR for the same reasons as you (backup for GC). But my wife & I decided that we will just wait for GC in the US. If for some reason we do not get GC then we can might as well shift back to India rather than relocating to a totally new country.

I did travel to couple of places in Canada and realized that most of the people take Canadian PR so that they can get Canadian Citizenship and eventually move to the US. Of course there are people who liked Canada and settled there (esp. Vancover & Toronto) but there you have to do lots of adjustments, including getting adjusted to the cold & long winters etc.

Now that we are in the US for last 10 years we have made friends, gotten adjusted here. But we are not ready to restart that whole process in another country. And what for..? Now even in India people get comparable salaries plus you have your family/relatives/friends and social support.

Long story short, we decided we'll wait for GC in the US. If we don't get GC, we will just settle back in India...

Hope this helps...Let me know if you want to discuss this further

Regards
PA
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  #6 (permalink)  
Old 04-26-2010, 01:44 PM
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Default stay back

- Since your date is not far enough, may be staying back is better but do not take any negative on Canada. I recommend stay back positively in USA or go to Canada positively. In both case do not look for negative reasons which they bring unneccesaary worries.

- Since your USA age is 10+ like many people here, you can think India is also a backup or treat that as 51 state. Saving is similar nowadays if you compare seriously. You can live luxury life in India also. Just our mindset/lifestyle change. Just hop on and off between USA and India. Do not treat that your future is doomed if the option is India. Just settle the things and if possible grab a good land/apartment during that time
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  #7 (permalink)  
Old 04-26-2010, 01:58 PM
jsb jsb is offline
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Default

Unless you move to Canada and work for a Canadian company you are likely to lose your PR. But that also means end of your GC. Technically speaking, on the day you chose to be a PR of Canada you lost your AOS. I-485 means adjustment of status without leaving the country. Getting and accepting PR in Canada means you left the US, and hence abandoned your AOS. If you have PR stamp on your passport, how do you answer to border agents for "where do you live" question.

If you move to Canada, and even if you work remotely for someone in US, you will need to file Canadian tax.

Besides these and other points you mentioned, Canada is better place to live, but is less lucrative professionally and financially. This might seem contradictory, but it is a true. I know many who moved to Canada when they were in your situation, for getting citizenship after 3 yrs and then hoping to move back to the US, but they never returned. I am a Canadian citizen, and have lived in Canada for 20 yrs.



Quote:
Originally Posted by akra View Post
Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).

So trying to decide if I should take on all hassles and move (so atleast maintain what I got) or take the easy way and enjoy life (aka. wait here not knowing how long more). My job is ok for now but who knows when the priority date comes up if I am unemployed if they are going to screw me all over again? I know it is lot of hassle (I have to rent my home here, move, transfer the kid's education etc etc.) to move to a new country and settle down all over again, but atleast I am a permanent resident there on day1.

My wife says we should move, and I am hesitant (I guess it shows ladies look for commitment albeit the journey is harder).

What do you guys think? I am especially interested to know if I will be risking my existing GC process by moving to Ca? I am thinking I'll come back if the GC approval come through within the next 2 years, else I want to live in Ca for 2 years and comeback after that so I can atleast maintain my PR (and use it as a fallback if needed).

Would appreciate your response.

thanks,
AR
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  #8 (permalink)  
Old 04-26-2010, 02:06 PM
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Default

The question that you need to ask to yourself is "Am I willing to move to India in case I-485 is denied?". If the answer is "Hell no!" then pack your bags and leave for Canada. If not, stay put in US.

In case you decide to move to Canada and still want to pursue your US GC, then you can change from AOS to CP. However AC21 is not applicable for Consular Processing cases and your original sponsoring employer should still be supporting your application.

Another option is getting your Canadian citizenship, moving to US on TN visa and then applying for a new GC by porting your PD from your old I-140. Though TN is a non-immigrant visa there are cases where people had applied for GC and got it approved.

One way to keep Canadian PR valid without actually moving to Canada is by working for a Canadian employer in the US.
__________________
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Last edited by americandesi; 04-26-2010 at 02:22 PM.
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  #9 (permalink)  
Old 04-26-2010, 02:20 PM
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Jun-06
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11/08/2006
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Default I am in the same boat

Hi

I am in the same boat too. i need to decide by this Sep 2010.

Here is what i am thinking . since the US GC is still uncertain, go to canada , rent a house , have a phone in your name and then come back to US, Then wait till end of this year to see if the US GC comes through by then . if yes then abandon the canada PR . If not then move to canada and still be able to satisfy the 2 yr minimum stay requirement . Then we can convince them that we are trying to move if canadian INS asks questions . may be we will stand a chance .

i am not sure this will work but i think it is worth a try . what do you think . if it is oK to you , we can share an apartment lease and work in that direction.

let me know what you experts think .
Thanks



QUOTE=akra;1731555]Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).

So trying to decide if I should take on all hassles and move (so atleast maintain what I got) or take the easy way and enjoy life (aka. wait here not knowing how long more). My job is ok for now but who knows when the priority date comes up if I am unemployed if they are going to screw me all over again? I know it is lot of hassle (I have to rent my home here, move, transfer the kid's education etc etc.) to move to a new country and settle down all over again, but atleast I am a permanent resident there on day1.

My wife says we should move, and I am hesitant (I guess it shows ladies look for commitment albeit the journey is harder).

What do you guys think? I am especially interested to know if I will be risking my existing GC process by moving to Ca? I am thinking I'll come back if the GC approval come through within the next 2 years, else I want to live in Ca for 2 years and comeback after that so I can atleast maintain my PR (and use it as a fallback if needed).

Would appreciate your response.

thanks,
AR[/quote]
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  #10 (permalink)  
Old 04-26-2010, 02:40 PM
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Default

Quote:
Originally Posted by akra View Post
Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).

So trying to decide if I should take on all hassles and move (so atleast maintain what I got) or take the easy way and enjoy life (aka. wait here not knowing how long more). My job is ok for now but who knows when the priority date comes up if I am unemployed if they are going to screw me all over again? I know it is lot of hassle (I have to rent my home here, move, transfer the kid's education etc etc.) to move to a new country and settle down all over again, but atleast I am a permanent resident there on day1.

My wife says we should move, and I am hesitant (I guess it shows ladies look for commitment albeit the journey is harder).

What do you guys think? I am especially interested to know if I will be risking my existing GC process by moving to Ca? I am thinking I'll come back if the GC approval come through within the next 2 years, else I want to live in Ca for 2 years and comeback after that so I can atleast maintain my PR (and use it as a fallback if needed).

Would appreciate your response.

thanks,
AR
Why did you not change to EB2 all these years?

To some extent you are also responsible for your prob.
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  #11 (permalink)  
Old 04-26-2010, 03:44 PM
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The US Immigration system is so unfortunate. It's a pity for someone like you (an many more other people) to have been in the US for 10+ years with US Citizen children yet no permanent residency. Now you are thinking of moving and resettling with all the ties you already established in the States. So inhumane immigration system. Yet they had out 55,000 GCs through a visa lottery progam every year to random people from over the world. So much for American fairness.

I myself moved to Canada last year. At least I know in two years I will be a Citizen. I know what the rules are unlike been in the US with so much uncertainity. How do you plan in such a situation?

Since you have your GC pending, I would suggest you wait and see how the immigration reform will go. If its not going fine, then you can move to consular processing and then move to Canada. At least you know for sure what you are working against unlike in the US where everything is uncertain.
__________________
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
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  #12 (permalink)  
Old 04-26-2010, 03:56 PM
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Quote:
Originally Posted by Alabaman View Post
The US Immigration system is so unfortunate. It's a pity for someone like you (an many more other people) to have been in the US for 10+ years with US Citizen children yet no permanent residency. Now you are thinking of moving and resettling with all the ties you already established in the States. So inhumane immigration system. Yet they had out 55,000 GCs through a visa lottery progam every year to random people from over the world. So much for American fairness.

I myself moved to Canada last year. At least I know in two years I will be a Citizen. I know what the rules are unlike been in the US with so much uncertainity. How do you plan in such a situation?

Since you have your GC pending, I would suggest you wait and see how the immigration reform will go. If its not going fine, then you can move to consular processing and then move to Canada. At least you know for sure what you are working against unlike in the US where everything is uncertain.
You cannot do it unless in Canada you work for the same employer who is willing to get you back in USA office after getting Green Card. Otherwise expect RFEs and difficult interviews. In Counselor processing you cannot even appeal if you are denied.
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  #13 (permalink)  
Old 04-27-2010, 08:15 AM
jsb jsb is offline
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Just renting something in Canada does not prove you live there. You may be asked to show source of income, tax returns etc. Also, now all border crossings in both directions between Canada and US are tracked. These are all risky propositions, but if you feel comfortable you can try.

If your GC sponsor has no problem with your moving to Canada, living and working there, until your GC is approved, it should work. Your sponsoring employer undertakes to give you permanent job upon getting your GC. It has nothing to do with if you currently work for him.

[quote=redds777;1732185]Hi

I am in the same boat too. i need to decide by this Sep 2010.

Here is what i am thinking . since the US GC is still uncertain, go to canada , rent a house , have a phone in your name and then come back to US, Then wait till end of this year to see if the US GC comes through by then . if yes then abandon the canada PR . If not then move to canada and still be able to satisfy the 2 yr minimum stay requirement . Then we can convince them that we are trying to move if canadian INS asks questions . may be we will stand a chance .

i am not sure this will work but i think it is worth a try . what do you think . if it is oK to you , we can share an apartment lease and work in that direction.
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  #14 (permalink)  
Old 06-24-2011, 03:40 PM
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Quote:
Originally Posted by akra View Post
Hey friends,

Wanted to get some feedback that can help me take a decision.

- EB3-India, PD April 2002. EAD renewed 3 times, current valid till 9/2011. Applied to renew AP 4th time. Running my 12th year in US.. I hate to be in this position after living here this long..
- As a backup to the GC process, applied for Canadian PR sometime back and got it. I got landed status in Aug 2007 (came back to US the next day).
- I need to live in Ca 2yrs out of 5 years to keep the PR valid, so I need to move there this year or lose the PR.
- I have home, job, friends etc all here in US. I don't know anyone in Canada. I have to start from scratch there.
- I have the option to work remotely for sometime. So, I can move to Ca and work from there for sometime (I assume if I can come occasionally here, I can do this for for some time).

So trying to decide if I should take on all hassles and move (so atleast maintain what I got) or take the easy way and enjoy life (aka. wait here not knowing how long more). My job is ok for now but who knows when the priority date comes up if I am unemployed if they are going to screw me all over again? I know it is lot of hassle (I have to rent my home here, move, transfer the kid's education etc etc.) to move to a new country and settle down all over again, but atleast I am a permanent resident there on day1.

My wife says we should move, and I am hesitant (I guess it shows ladies look for commitment albeit the journey is harder).

What do you guys think? I am especially interested to know if I will be risking my existing GC process by moving to Ca? I am thinking I'll come back if the GC approval come through within the next 2 years, else I want to live in Ca for 2 years and comeback after that so I can atleast maintain my PR (and use it as a fallback if needed).

Would appreciate your response.

thanks,
AR
Hi,
This is my first post so if by mistake I do something that is weird then I hope you people will not mind.
AKRA, Just wanted to know what decision you have taken.
My situation is bit different, 1 year back i landed in US and have not applied for the GC yet.
What are your kind suggestions for me.
my questions:
1.Should I leave(apply for immigration) for Canada and enjoy the mental peace there?
or should I go for the GC process which will take 12+ years?
2.If you suggest to go for canada What are my chances of getting the PR knowing that I am not a manager(0123 category) but a programmer analyst. If no chance in this category then what else are my options.
3.Should I hire a immigration laywer or firm?

Your kind suggestions will really help me to shape up things.
Friends do reply and help me to reach to a decision.

Thanks,
Santy
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