Canadian PR

[excalibur123]

Hi Folks,

I have a very tricky situation and have to make some very important decisions. I was hoping the experts here could help me. Thanks in advance. I have approved I-140 in EB2 & 3 with priority date in July end 2010. I am currently on an H1B which is valid until the next 3 years. My eldest kid is in high school currently and the younger one is in middle school. Wife is also working on an H1B. We had Canada PR. The PR card will expire in a month's time. I am a premium subscriber of WhereisMyGC and per that my estimated date for EB3 is Average - Jul 2020 and Pessimistic is Sept 2020. So this is very close and I think I can easily survive this time. Now here are my questions.

1. Do these dates make sense? When I read the posts on this thread, I get a completely different picture. People are talking about it is going to take 4-5 years just to clear 2009 and all that. Then how come the 'whereismyGC' dates are so optimistic? Should I base my decision based on those dates?

2. The other plan which I was thinking was to just take off to Canada (alone) and secure the PR of Canada, so that kids and wife and come there if in case we can not survive here in this mad place (we are currently both are on H1 and it makes it our situation difficult and not so safe). I will have to spend about 2 years or more (in case I have further plans) in Canada and then come back.

The only reason I am thinking of Canada option is that I am too scared of a pessimistic scenario here if the GC dates simply do not move and it takes 5,6,7 years more to be current. I simply don’t want me and my family to go through that torture and uncertainty.

I know it is me who has to make the final decision, but it would help if you can provide your feedback on issues likes date movement, discrepancy between street opinion and ‘whereismyGC’ estimates.

Thanks so much

Optimistic as always :-)

Well honestly Jul 2010 would take a very long time if laws don’t change. So take your guess on that happening.
As for Canada how would that work for you if your card is expiring? Are you not supposed to stay 3 out of 5 years to get your citizenship?

[optimista]

Well honestly Jul 2010 would take a very long time if laws don’t change. So take your guess on that happening.
As for Canada how would that work for you if your card is expiring? Are you not supposed to stay 3 out of 5 years to get your citizenship?

Hi Excalibur, thanks so much for your response. Yes, you are right regarding the citizenship req. And for a PR one needs to stay 2 out of 5. In this case, I need to get an entry (and if everything goes well, i.e. no one objects at port of entry) then I enter and stay put for 2 years and apply for PR card. renewal (or I can stay longer for Citizenship). Note here that, a PR NEVER EXPIRES (technically), what expires is a PR card and that needs to be renewed.

Thanks.

[excalibur123]

Hi Excalibur, thanks so much for your response. Yes, you are right regarding the citizenship req. And for a PR one needs to stay 2 out of 5. In this case, I need to get an entry (and if everything goes well, i.e. no one objects at port of entry) then I enter and stay put for 2 years and apply for PR card. renewal (or I can stay longer for Citizenship). Note here that, a PR NEVER EXPIRES (technically), what expires is a PR card and that needs to be renewed.

Thanks.

You are right - it seems one needs to stay there 2 yrs out of the last 5 to maintain the PR. And 3 out of last 5 to get citizenship. Good to know as I have a CAD PR too.

As for WhereIsMyGC, I am not a subscriber but I can guess we all here got EB3 wrong due to consular processing numbers. Till those fade away, EB3 won't budge.

[optimista]

You are right - it seems one needs to stay there 2 yrs out of the last 5 to maintain the PR. And 3 out of last 5 to get citizenship. Good to know as I have a CAD PR too.

As for WhereIsMyGC, I am not a subscriber but I can guess we all here got EB3 wrong due to consular processing numbers. Till those fade away, EB3 won't budge.

Hi ExCalibur123,
Thx for the comment. If you have CAD PR, please know things in advance and do advance planning. Read 'Residency Obligation' topic on Canada Visa, it has a tone of information. Also one more thing - the regulation is such that it calculates period of stay from present to past, which is a great savior because all the person has to do is take an entry and then stay for 2 years/3 years and then apply for PR renewal or Citizenship respectively. There is no comparison between Canadian system of immigration and US one - it's day and night. Anyways. Now I have to make the tough decision soon. Thank you all for your inputs. Really appreciate it.

[excalibur123]

Hi ExCalibur123,
Thx for the comment. If you have CAD PR, please know things in advance and do advance planning. Read 'Residency Obligation' topic on Canada Visa, it has a tone of information. Also one more thing - the regulation is such that it calculates period of stay from present to past, which is a great savior because all the person has to do is take an entry and then stay for 2 years/3 years and then apply for PR renewal or Citizenship respectively. There is no comparison between Canadian system of immigration and US one - it's day and night. Anyways. Now I have to make the tough decision soon. Thank you all for your inputs. Really appreciate it.

Thanks for the info. Did you mean large number of forums under Canada Visa site?

Also I made a quick check - I read somewhere one has to stay 2 yrs in *every* chunk of 5 yrs to maintain PR status. So doesn't that mean, if you are travelling close to expiry of your card (which I presume is for valid for 5-5.5 yrs), you have spent more than allowed time outside in the 5 yr block?

Also wondering at point the 5 yr block starts - I believe it is when you make the landing, and as PR card is issued a few months after that, that means 5 yr block is over at least a few months before the card expiry date.