EAD & Moving to Canada

[desiman]

I am following up with my company lawyers, but wanted to check here if anyone has any details about migrating to Canada while on EAD.

My company has headquarters in Canada, and is asking me to move to Canada. I am on EAD (PD: Sep 2009) at moment, and not sure when GC will come. If I move to Canada, do I have to say goodbye to my GC process? I'll be still working with same company.

Also anyone know what all things I should consider before moving to Canada, like what happens to Car, 401K, Money Transfer, School.

[qesehmk]

desiman - moving to canada is ok. ..... but DO NOT obtain canadian PR. There are horror stories of people who obtained canadian PR and their H1 and American GC applications being revoked. Do a google on this topic and you will find these stories.

I am following up with my company lawyers, but wanted to check here if anyone has any details about migrating to Canada while on EAD.

My company has headquarters in Canada, and is asking me to move to Canada. I am on EAD (PD: Sep 2009) at moment, and not sure when GC will come. If I move to Canada, do I have to say goodbye to my GC process? I'll be still working with same company.

Also anyone know what all things I should consider before moving to Canada, like what happens to Car, 401K, Money Transfer, School.

[desiman]

humm, so its better idea to go to canada on work visa than on PR.

Any idea what happens when GC dates become current. I cannot continue the GC process from outside US, can I? it'll be difficult to move family between countries every year.

[mechanical13]

desiman - moving to canada is ok. ..... but DO NOT obtain canadian PR. There are horror stories of people who obtained canadian PR and their H1 and American GC applications being revoked. Do a google on this topic and you will find these stories.

I don't understand...Canada and the US are two separate countries. Why will obtaining Canadian PR result in revocation of ones H1B or GC application?

The only way I can see this happen if the sponsoring company decides that you are more valuable to the company in Canada than in the US (especially given the lower total overhead costs in Canada and the lack of high tech talent in the country).

USCIS/DHS doesn't even do a good job with adjudications within the US. What with L1 fraud, desi consulting company fraud etc. Do they really have the bandwidth to monitor your applications to other countries?

Please clarify Q..

[qesehmk]

Indeed nobody will actively monitor that. But the stories I have read are about people crossing border and the border IO revoked / cancelled GC/485 on the basis that obtaining canadian PR amounted to abandonment of American GC. Thats point #1 - Abandonment can make you lose your application or existing GC. Abandonment can happen if you leave US without parole while 485 is applied. Or as in this case - you obtained another PR and then "foolishly" told the IO about it.

As I said - google it and you will find it. The folks were from Texas and trying to cross border at seattle.

I do not know in their particular case if H1s were cancelled. But generlly speaking if there an immigration fraud then USCIS clearly can strip you off all kinds of prior immigration approvals.

I don't understand...Canada and the US are two separate countries. Why will obtaining Canadian PR result in revocation of ones H1B or GC application?

The only way I can see this happen if the sponsoring company decides that you are more valuable to the company in Canada than in the US (especially given the lower total overhead costs in Canada and the lack of high tech talent in the country).

USCIS/DHS doesn't even do a good job with adjudications within the US. What with L1 fraud, desi consulting company fraud etc. Do they really have the bandwidth to monitor your applications to other countries?

Please clarify Q..