Canada

Unlawful Presence

If a Canadian does not have a Form I-94, does he not accrue unlawful presence until there is a finding that he violated the terms of his nonimmigrant alien status? Is the burden is on CBP to establish such a violation occurred?

U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 for Canadian PR with J-1 issue

I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me. 1. They have no clue abt H1B visa. How do I proceed? 2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?

If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Is it legal to do business in home country while working in USA on a visa?

I am a Canadian citizen currently working in the U.S. with a TN visa. I am planning to start a Canadian business part time with a partner in Canada (also a Canadian citizen). I've read that starting a U.S. business is not allowed while I'm working in the States with a TN visa, but I cannot find sufficient information online about whether I can operate a Canadian business part time while I am in the states as a Canadian citizen.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Canadian RN Planning to Migrate To US Through EB-3

I have a second degree in Nursing from the University of Alberta, Canada with a 6 yr continuous employment in Psychiatry through AHS. What are the procedure to apply either through the EB2 or EB3?

There can be no RN green card without an employment in the USA and clearing of the required exams/licenses in the USA. As to EB-2, that would depend upon whether or not the job requires 5 years of experience after Bachelor;'s degree (or a Master's degree).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Traveling on a TN or L-1 Visa From Canada?

1. What are TN and L nonimmigrant classifications?
2. How can Canadian citizens obtain TN and L-1 classifications?
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?
4. Which ports of entry are designated for optimized processing?

1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-4 Visa Holder Applying for Canada PR

As a H-4 visa holder in the USA (my husband is on H-1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H-4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H-4 be valid after I get my PR in Canada? Can I choose to live in either country in that case? Also, while applying for the PR, they asked for sufficient funds. Since I am a H-4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?

Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-4 for Canadian Citizen

Can a Canadian citizen get H-4 stamping at the border? What is the procedure and what documents are required for the process? What are the risks involved to get H-4 at border, opposed to filing for adjustment of status?

Canadian citizens can apply for H-4 at the border.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Pre-Screening Pilot Program for E-1/E-2 Applicants Underway at Canadian Consular Posts

The U.S. State Department is launching a pilot program to pre-screen E-1/E-2 visa applicants at consular posts in Canada. Kentucky Consular Center officials will contact the E-1/E-2 applicant's U.S. employer to verify information about the application, including the legitimacy of the company and the investment. This prescreening aims to assist consular officers to focus on the individual applicant's qualifications. The State Department hopes to implement the pilot around the world at consular posts that process E visa applications.

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