Maintaining H1B status with Canada PR

[kobronjornett]

Hi everyone
I am currently on H-1B, finished filing ITA and am waiting for biometrics, medical.
Once a person gets their PR, I am aware they need to reside in Canada for 1095 days (3 years) out of 5 years to be eligible for Canadian citizenship. How do we maintain H-1B status while residing in Canada?

 

[swan0206]

Hi everyone
I am currently on H-1B, finished filing ITA and am waiting for biometrics, medical.
Once a person gets their PR, I am aware they need to reside in Canada for 1095 days (3 years) out of 5 years to be eligible for Canadian citizenship. How do we maintain H-1B status while residing in Canada?

Keep travelling to your work once in every month and keep making day trips now and then for shopping or meeting friends or any recreational purposes. You should be good.

 

[tuhadapeo]

How about if the visa has expired but i797 is valid with i94? can AVR be used if not residing in the US?

 

[swan0206]

How about if the visa has expired but i797 is valid with i94? can AVR be used if not residing in the US?

Yes you can. But has it been 30days past you left US?

 

[tuhadapeo]

No, it’s expiring soon. I commute regularly so was just wondering if there’s going to be any issues until I find an appointment.

Yes you can. But has it been 30days past you left US?

 

[swan0206]

No, it’s expiring soon. I commute regularly so was just wondering if there’s going to be any issues until I find an appointment.

No, no issues. You can keep commuting. I have commuted for an year till i attended a consular interview.

 

[tuhadapeo]

what docs would you recommend to carry? Were you a regular commuter?

No, no issues. You can keep commuting. I have commuted for an year till i attended a consular interview.

 

[swan0206]

what docs would you recommend to carry? Were you a regular commuter?

Carry all documents that you would carry for an interview. I used to travel once in a month.

 

[tccc]

I was under the impression that your H1B status is GIVEN by your petitioner (your employer), and you can not maintain it just by yourself. If your employer keeps you and your petition, you have the status. I think the problem for you is really if your employer is OK if you perform the work from Canada for most of the time.

Large corps don't usually allow that due to tax reasons, but smaller ones are more flexible. Your days in Canada does not count toward your H1B days (6 years limit)

 

[viveksharmaz]

No, it’s expiring soon. I commute regularly so was just wondering if there’s going to be any issues until I find an appointment.

I have a question I am on H1b Visa and I have a PR and will be moving to Niagara Falls area. I have a US visa stamped till August 2026 . can I daily commute to Usa from Canada for work ?
Did at US border they asked you anything that why you coming daily .

 

[tuhadapeo]

I have a question I am on H1b Visa and I have a PR and will be moving to Niagara Falls area. I have a US visa stamped till August 2026 . can I daily commute to Usa from Canada for work ?
Did at US border they asked you anything that why you coming daily .

yes you can, they ask regular questions that you‘d answer regardless of mode of travel (land/air) while seeking entry.

 

[viveksharmaz]

yes you can, they ask regular questions that you‘d answer regardless of mode of travel (land/air) while seeking entry.

were you on PR when you used to travel .. Just trying to see if anyone with the similar situation travelled across the border and also when u submit an application for renewal of PR how is it calculated that you are staying in Canada . Do you have to give account of each an every day when you crossed the border while filling the Pr renewal application.

 

[tuhadapeo]

were you on PR when you used to travel .. Just trying to see if anyone with the similar situation travelled across the border and also when u submit an application for renewal of PR how is it calculated that you are staying in Canada . Do you have to give account of each an every day when you crossed the border while filling the Pr renewal application.

Yes. Renewal depends on your residency compliance. Physical presence calculator is your friend. No you don’t have to list same day returns on renewal (atleast not needed as of today).

 

[viveksharmaz]

also did you had nexus pass when you used to travel daily .

 

[swan0206]

How about if the visa has expired but i797 is valid with i94? can AVR be used if not residing in the US?

Yes, anyone can use AVR irrespective of residing in US or not.