Giving up Canadian PR for H1B. Is it a good idea

[Tust326]

Hello Everyone.

I am on H1B extension based on I-140 approval and my current H1 expires October 2020. I have a Canadian PR and had moved to Canada in November 2018 and was working for my US employer remotely from Canada. I moved to the US in November 2019, as work was getting busy and my employer asked me to come back and work from the US office. I have two situations going on as follows:

A)  I have to live in Canada for another year to meet Canadian Permanent Residency (PR) obligation (2 years obligation). If I have to meet Canadian PR obligation, I need to move back to Canada by June 2020, else I will loose my PR.

B)  Regarding H1B, my previous year's salary are less than the prevailing wages (from LCA). I have heard of cases where USCIS are questioning candidates regarding the salary being less than the prevailing wages. USCIS is sending out RFE or rejecting renewal.  

I have questions and seek for some advice as follows:

1) I am sure with the current administration I would get RFE. What's the likelihood of me getting H1B extension and are their any measures to mitigate any anticipated issues.

2) Would USCIS question why I was living outside of US and working on H1B and, would this be an issue.

3)  If I continue to stay in the US beyond June 2020, I would loose my Canadian PR and in case if my H1B gets denied, l will end up loosing both my Canadian PR and H1B. Is it a good idea to give up my Canadian PR for H1B. 

I would appreciate any advice and thanks for your time.

Regards,  

 

[User099]

When you are in Canada you are not treated as you are on H1. If your pay is not matching what's on LCA then that's an issue you will run into at the time of extension or at visa stamping. 

Uscis will only care about what you do and how much you get paid when you are in US. Your time in Canada is beyond the scope of USCIS.

Giving up Canadian PR is your personal choice. I would keep the PR if you think you will have immigration issues and don't want to go back to your home country.

[Tust326]

On 12/13/2019 at 5:28 PM, User099 said:

When you are in Canada you are not treated as you are on H1. If your pay is not matching what's on LCA then that's an issue you will run into at the time of extension or at visa stamping. 

Uscis will only care about what you do and how much you get paid when you are in US. Your time in Canada is beyond the scope of USCIS.

Giving up Canadian PR is your personal choice. I would keep the PR if you think you will have immigration issues and don't want to go back to your home country.

Thank you User099

[eternalgod11]

Hello Tust326,

My opinion is look for an alternative job in Canada with your PR. Tell the prospective employers in Canada that you are planning to move and settle in Canada by Summer (June 2020). There are a lot of openings coming up in Tech hubs of Vancouver, Montreal, Toronto (GTA) and Waterloo. 

PR is better than H1B in your CASE as you have another year to renew your PR (assuming your PR expires in June 2021). If you stay for additional year after renewing your PR, then you are eligible for Citizenship.