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  1. #1

    Default Travel on a H1B or H4 Visa While Seeking Permanent Residency in Canada, EB-2 Pending

    Hi,
    I am currently on H-1B visa with my EB-2 Greencard in process. My I-140 just got approved and I am planning to apply for my wife's H4 EAD within few days. Also my Canadian Permanent residence application just got approved. I have received Confirmation of Permanent Residence from CIC with an expiry of July 1,2016 which means that I need to land in Canada before July 1,2016 in order to apply for a Canadian PR card (equivalent to US Greencard).I am planning to visit Canada for 5 days to complete my PR card formalities on May 4,2016. I have 2 queries related to this situation as below:

    (1) Will my wife face any issue from USCIS for her H4 EAD application since she will also be travelling outside U.S.A to Canada in order to complete our Canadian PR formalities and since she will be getting NEW I-94 on her way back to U.S.A from Canada on May 8,2016?
    (2) Will I face any issues from U.S Customs and border protection regarding my travel from Canada to U.S.A from May 4,2016 to May 8,2016 on H-1B visa with my EB-2 Greencard in process?
    My lawyer won't like me applying for Canadian PR and I don't intend to move to Canada till next year so asking in this forum. Thanks ahead of time!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Visit to Canada While Eb-2 Greencard and H4 Ead is in Process

    Excuse me, but how do you intend to be permanently resident in two countries? If you're moving to Canada, NEXT year, you're abusing the whole purpose of the green card. It is not a way to get around proper work visas. You're darn right your lawyer won't like this fraud you're intending to commit without his knowledge. Be frank with your attorney.

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