Get Australia, Canada PR and Still Work on H1B Visa

Migrate to Australia or Canada using PR. Work in US using H1B. Return to US later when priority date is current. Can work remotely from Canada for short time.

Written by Anil Gupta
  By Anil Gupta          Updated  23 Dec, 19

  3    


Many people are filing either Australia or Canada PR to create a back up in case the US green card country based limits are not removed. Most of these applicants are born in India and China.

They are stuck in extremely long employment based backlogs due to 7% limit on each country in US immigration law.

Can I work from Canada using my PR on H1B visa?

If you are working in US on H1B visa, your US work authorization is not affected by your PR for any other country.

H1B visa requires your physical presence on US soil to get into H1B status.

The answer is that once you are outside USA, you are not actually using H1B visa at all. Once you step out, US immigration law does not apply to you.

If your US employer is ready to pay you salary in Canada, while you work remotely, you can do it perfectly legally as per Canadian laws. You do not need H1B visa for this situation.

If you still want to hold on to your H1B job as your US employer does not have any Canadian or Australian operations, you will need come back to US.

You can work remotely from Canada or Australia for some amount of time but if you cross 180 days, the tax residency laws will come into play.

Your H1B extension might be denied if you keep working remotely from outside US. Note that USCIS conducts site visits routinely and you may be in trouble if they do not find your working in US on the location specified in your H1B petition.

i140 Approved, Migrate, Return in Future

Once your i140 has been approved in US, you can safely migrate to Canada or Australia. You can even leave your US H1B or L visa job.

If you want to return to US in future when your Green card priority date gets current, you can return to file i485 adjustment of status application as long as you can find an employer to sponsor you in US.

You can either join the same employer who holds your current i140 or find a new one. The new US employer would need to file a new PERM first followed by i140 and i485 concurrently.

You can also file H1B transfer anytime in future with your approved i140 even if you are started living in Canada or Australia.

Australia, Canada PR Validity

Both Australia and Canada offer 5 year PR based on your skills. The merit based system favors high skilled educated people and offers extra points for English language proficiency.

Once you get the PR, you get multiple entry and exit rights. You can also work in any job profile irrespective of what skill you used to get PR in first place. This is similar to US green card.

PR Validate, Return to US

I know many people who have got both Australia and Canadian PR but have still opted to hold on to their H1B job in USA.

They have just visited the PR country for initial validation and returned to US.

Both Australia and Canada give you an initial entry date, which is printed on your PR. You have to enter the country at-least once to activate the PR.

Once granted, it is considered valid for next 5 years. You can migrate anytime in those 5 years.

Renew PR after 5 Years

Both Australia and Canada have conditions placed on their PR to motivate people to settle down in the country.

The PR renewal or extension is nothing but a ‘resident return visa‘ (RRV) that you should apply if you want to enter Australia or Canada after the 5 year PR term ends.

The basis for issuing RRV is that you should have spent two or more years in Australia in last five years. The same condition holds true for Canada too.

If you have spent less than two years, then you have to explain why immigration should issue you RRV since you have not made Australia or Canada your usual place of residence.

If your RRV is not approved and you are outside Australia or Canada, and your PR visa is also expired, then your PR status is gone as well.

Citizenship Criteria

You will have to live and work in Australia for at-least 4 years before you can apply for citizenship.

Similarly, Canada wants you to stay there for at-least 3 years in last 5 years before you can apply for their passport.

Use TN, E3 Visa to Work in USA

US has special work visa for Canadians and is known an TN visa. Similarly, Australian passport holders can come to US on E3 visas to work.

If you have migrated to either country, you can come back to work in US using either E3 or TN visa if you do not want to use H1B.

Note that TN and E3 visa does not allow ‘dual intent’ meaning that you should not aim to file a US green card application. On the other hand, H1B visa allows dual intent.

Hence, even if you migrate and want to return to US later, you should use your H1B visa to come back to US.


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   3 Useful Questions & Answers from comments



  1. Siva Janarthanam
    Siva Janarthanam 23 Dec, 19 at 2:24 pm

    Can a Canadian PR holder work for a company in the US (In other words, can a US company hire a Candian PR holder) by working remotely from Canada?


  2. Puppy
    Puppy 16 Dec, 19 at 2:37 pm

    Hi, I am an US Citizen. I would like to become the Canadian citizen. How should I, can you please direct me. Thank you.

    Regards,


    • laaaa
      laaaa 23 Dec, 19 at 2:24 pm

      Hello,
      Canada allows upto 6 months of visitor status to US Citizens. However, a Citizenship whch in turn requires permanent residency (PR) for a certain number is years is possible only with either strong personal ties (usually if you marry a Canadian citizen or someone who is already a Canadian PR) or the Federal Skilled Worker Program (FSWP).

      FSWP is detailed in this link from Immigration Canada: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html

      In short, FSWP needs you (or your spouse, if you are married) to have experience in a particular skilled job (it doesn’t have to be a scientist or a researcher, many trade skills are also included), and certain education levels. It’s a points-based system. You have higher chances if you have a relative such as a sibling or if you are bilingual (English and French). They also award higher points if you are younger rather than older (I believe it peaks at 30 years of age after which the points are reduced for age). If you believe your spouse will satisfy many of these qualifications or complement where you might fall short, she or he can be the primary applicant as long as you are able to saisfy the criteria.

      Before you make any decision, it’s a good idea to visit and understand Canada for a certain period of time before you decide to move here permanently. Even though Canada is very close to the US in a lot of aspects it’s also distinct in so many ways. Good luck!