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Audit of an EB-2 Green Card Application

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  • 03-11-2015, 07:02 PM
    sanjay.sinha84
    Audit of an EB-2 Green Card Application
    Hi,

    My EB-2 Greencard is in process and my priority date will be 4/1/2015 tentatively. My 6th year of H-1B expires in December 2015. I am expecting to get my Canadian PR approved for both me and my wife around October 2015. Considering the worst case scenario wherein I do get an audit for my EB-2 Greencard application, I believe I only have 3 options that I would like to confirm with you, please let me know if my assumption is correct:

    1) Leave U.S and go to India after December 2015 and wait for my PERM to get approved. In that case, I can always come back to U,S after applying for 1 year H-1B extension based on PERM approval, correct?
    2) Transfer to a F1 student visa wait for PERM approval and then transfer back again to H-1B visa. This is possible, correct?
    3) Go to Canada and then wait for PERM to be approved and apply for H-1B visa once again since I get 1 year extension o H-1B based on PERM approval, correct?

    Thanks ahead of time!
  • 03-12-2015, 03:22 AM
    T53147
    Re: Audit of an EB-2 Green Card Application
    Student visas do not allow immigrant intent. They are not to be used in the manner you describe.
  • 03-12-2015, 06:06 AM
    flyingron
    Re: Audit of an EB-2 Green Card Application
    I don't think there's any reason to go to India if you can get lawfully admitted to Canada for the duration. We have parked some Indians who worked for us in Canada in the past while working out their H1B's.
  • 03-12-2015, 06:51 AM
    Mr. Knowitall
    Re: Audit of an EB-2 Green Card Application
    Quote:

    Quoting sanjay.sinha84
    View Post
    I am expecting to get my Canadian PR approved for both me and my wife around October 2015.

    Your goal is to get Canadian permanent residency? If you are claiming in Canada to be a resident of Canada while claiming in the U.S. to be domiciled in the U.S., I think you should consult an immigration firm that handles both U.S. and Canadian immigration issues (or two lawyers, one for each country).

    Given that you can live, work and attend school in the U.S. on a H-1B visa, it would make sense to maintain H-1B status.
  • 03-12-2015, 08:49 PM
    sanjay.sinha84
    Re: Audit of an EB-2 Green Card Application
    Thanks for your response. My intention of applying to Canada is to have a backup option in case I get an audit in my EB2 Greencard application by December 2015. Also the other fact is that I want to switch careers and become a web developer as someday I want to have my own business and want to make it big. There are coding bootcamps in Canada which have 16 week courses and no pre-requisites. With my degree and experience in the industry, I don't se any issues in getting selected in such coding bootcamp. This is something I CAN'T do in U.S.A as these coding bootcamps are not universities so I can't get on F1 visa and then attend these coding bootcamps. These are the times I feel frustrated on the immigration system that doesn't favor people like me who want to switch careers and who have been regular taxpayer for years!!!!
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