Canada

Working from Canada on or off H-1B

Question details

Questions,
1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
Is there any restriction on the amount of time I need to spend inside the US on H1B?
Is there any restriction to how frequently I can go in/out of the US on H1B?
<br>
2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.
<br>
3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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

Question details

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.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Canadian RN Planning to Migrate To US Through EB-3

Question details

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).

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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

Question details

1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
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.

H-4 Visa Holder Applying for Canada PR

Question details

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.

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.

Unlawful Presence

Question details

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.

H-1 for Canadian PR with J-1 issue

Question details

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