Reflection on 'Moving to Canada' decision

Moving Here
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Oh wow, I haven’t been on the forum in a long time but when I saw a mail about this topic, I just couldn’t resist :wink:

I was a software engineer in the US and lived there for more than 9 years. My husband is a mechanical engineer and was in the US for 10 years. We don’t have jobs yet. We moved here close to Fall last year and that was probably a mistake because of end of year hiring is rare.

I was mainly in developer and production support engineer roles in the US and now I am trying to switch to BA/PM roles which is not working out. Most of the companies in Toronto which I applied to need experience in the finance domain so I kept getting rejections. After a while I stopped applying altogether. I have decided to take a back seat for the time being or find some remote positions.

My husband on the other hand kept applying for jobs and got very little to no responses until Summer this year. It was extremely depressing. Suddenly summer is here and recruiters are calling him. It looks promising to some extent but then again with the whole coronavirus thing happening, we don’t know if the opportunities are actually going to pan out anytime soon.

There are pros and cons to living here. The winters get cold and the summers are too hot but in a few years we will be used to that. Plus there are allergies but that happens in the US too.

Although the healthcare is free, medicines are not included in that so if you have any serious ailment, either your employer insurance needs to cover it or you need to pay out of your pocket. Getting doctor’s appointments is a pain more so if you are looking for a specialist. I had to see a specialist and the earliest appointment available was 4 months later which is extremely annoying.

Having said that I had good experience with the paramedics and ER. In the first few months of being here, we had to call 911 at 5am and they were here in less than 5 minutes. I was whizzed in an ambulance and everything was handled in the ER. The final bill was $45 and that too they just charged that for the ambulance. If this had happened in the US, I would be paying in hundreds of dollars, if not thousands.

The coronavirus situation was handled so much better here compared to the US. The government actually tries!

We already knew a few people here and made new friends so it was nice going out before the lockdown began.

[quote"]
3. How do you feel about giving up your H1B and moving to Canada?
[/quote]
Honestly, I am happy about that. I have stepped out of Canada just once since we came here but the stress of visa stamping having disappeared just feels so so good. Flying out and back in is so hassle free. Haven’t tried the land borders yet though.

My priority date is end of 2015 so it’s not going to happen any time soon. If it were to happen in the next 2 years, I wouldn’t mind moving back to California but realistically moving after having lived here for 5 years or 10 years would most likely not happen for us.

So here’s the funny part. Between living in the US and moving to Canada, we stayed in India for 1.5 years. We did not have driver’s licenses in India. So after moving to Canada, we couldn’t drive because the US licenses can be exchanged only within a year of their expiration date irrespective of your driving history. Since we did not have Indian licenses, we couldn’t get those exchanged either. So we had to start from scratch. And getting a full driving license here if you begin from learner’s permit takes almost 2 years.

We got our permits last year and have to wait 1 year to give the driving (road) test in order to get the license with which we can actually rent/buy a car and drive by ourselves. So had I known this, I would have at least got driver’s license in India.

And yes, like others mentioned, I probably would have moved here earlier too. :slight_smile:

Ok, now back to hibernation until another interesting topic pops up :grin:

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thanks everyone for sharing.

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I haven’t gotten a chance or time in the last few months to go through all posts and replies (I will at some point), but @akel’s answer really strikes the right note for everyone stuck in the H-1 -->GC cycle: all the uncertainty and fear about losing everything because of one denied entry or job loss etc., especially with current administration and current economic situation…

…which brings me to my next point. The US immigration system is gradually becoming like Dubai’s (U.K.'s is also somewhat similar to US) where pay and opportunity is good, but you leave once you’re done and old. OK, granted it’s not exactly the same, since in US it’s country of birth based quota, but for those from countries with long wait times, it’s basically the same (and you’ve to pay taxes!).

Unless a drastic shift in immigration policy happens nothing will change. And even if the power balance shifts, and they abolish per-country cap, imagine the stress it would put on the social security and medicare and other socialized programs in the near future when a lot more people can suddenly start taking out from the system, rather than just contributing to the stash (which is already on the verge of running out soon). The politicians know this, and I would be VERY surprised if suddenly the per-country quota is abolished. In fact, if the current administration persists, it’s only going to cement the restrictions.

This is not meant to discourage anyone from pursuing the American dream (which is well alive in Canada :wink:) and wait in the line (I know plenty of people who’re not willing to budge). It’s an individual and their family’s decision. Personally for me I decided to sacrifice this for stability and peace of mind.

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Hi thanks for sharing your experience. I have one question about the 730 day requirement.Does it start after you get your COPR stamped?

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No, it starts from the day you land or may be the day you get your PR approved- somewhat on that line.

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COPR is stamped on the day of landing only… and you are officially a PR when COPR is stamped on the day of landing…
So you and the other user “spai” are saying same thing…

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With the October visa bulletin , there has been sudden jump in priority dates for US employment based categories a few days back. There has created huge expectations and excitement in the backlogged community, particularly from India.
But with the kind of broke immigration system that US has (particularly in skill based immigration ) , this may be short lived.The sudden movement of dates has created a mad rush of people trying to jump from EB2 to EB3 as the dates for EB3 are much more favorable. All the systems are overwhelmed with the demand from backlogged community (mainly India) stuck in a decade long wait for GCs. Lawyers, Medical Exam doctors , and tonnes of other people who support the process will find it hard to handle this surge as everyone is trying to get their petition before the end of October. Its looks like it was done more to help the cash strapped USCIS than anything else.
Now there is a dilemma in my mind that should i be joining this herd again and get into the miseries of dealing with a unwelcoming and broken immigration system just in the hopes of getting a EAD.
The whole process can end up costing $10K-12K USD
I am for most part clear in my mind,we will settle in Canada. To me ,Canada is a country with reasonable and consistent immigration policy for skill based workers and a place that values immigrants and their families. But I and my wife are just debating over whether we should also apply so we can get the EAD as a backup. Getting the EAD in US doesn’t actually mean much and must be renewed every 1-2 years . And recently there have been delays in processing as well.It can still take several more years to get the GC
I understand we will have our own challenges in Canada as new immigrants. I have background in IT infrastructure support and have acquired skills in DEVops/Cloud related responsiblities and will hopefully be able to find suitable jobs . My wife on the other hand is a Physical Therapist in the US ,so she will have to go through the whole process again in canada to be able to get her license which may take a while.
So i came back to movnorth and started reading through this thread to clear up my mind and Thanks to @pankajtrivedi @am1 @avj @panditji @vignesh.pr @ntn for their posts. I look forward hear back from you and others in the forum on their thoughts.

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Hi @NG2011 - I have done every analysis I could do. More than happy to share my thought process (if you are interested) - DM me.

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What is your priority date…?
If it is 2010 to 2013 then I think makes sense to apply for GC-EAD…
After applying GC-EAD, you can decide later again after few months… as many say US GC is better than CA PR… But if there is no chance of getting GC in few years then CA PR is better…

Actually cannot fit this answer in few words… Depends on many perspectives and many factors which can be different from one family to other family, family ambitions vs career aspirations…
But others can comment too…

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thanks

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@pankajtrivedi would it be possible to share your analysis here?

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Hi,

I will add our experience here.It depends on your priority date. Ifs its current in the in your curent category (eb2 or eb3), go ahead and do the paper work as you don’t have much to lose. If you have to downgrade , I would consider the following factors;

1) Is your date near the Final Action Date ( i.e Jan 2010 I think)?If it is nowhere near that date, I would only downgrade if I badly need the EAD or AP. The current processing time for EAD is 8 to 23 months.

2) EAD and AP have their own set of challenges. The moment you use the EAD/AP, your non-immigrant status is canceled and now you don’t have any non-immigrant status.So in future if your I-485 (Green Cad Application) is denied for whatever reason, you are out of status and have to leave the country immediately.So many lawyers recommend keeping your H1b intent.

3) Once you lose your h1b status when you use EAD/AP, it is not easy to change back to H1B.You cannot fill a form and change to H1B.You have to reapply for H1B at the embassy and that can raise a lot of questions regarding your intent and the chances of denial are high.

4) If your date is nowhere near the final action date, I would wait and watch. Personally I think EAD/ Ap is not stable and would only downgrade if the date is near final action date. Dates can easily retrograde.

Don’t follow the herd.Calmly think about whats important for you and take a decision. For us a bird in hand is worth than two in a bush :slight_smile:

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In case of our odds with US immigration,
i think a bird in hand (Canada PR ) is worth 10 in the bush.:sweat_smile:

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Not to derail the intent of this site from the topic of Canadian PR, but I was wondering if I have an approved I-140 that falls well within the October ‘Date of Filing’ dates, is it worth applying for consular processing at this stage from within Canada (I am in Canada with Canadian PR)? Is it even possible to do consular processing for date-of-filing and with the COVID situation?

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Hi as far as I know, consular processing is not allowed for filing dates. Its only allowed if final action dates are current.And with the current ban, most of the consular services are suspended.

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Your 1 & 2 : Who is forcing you to use EAD/AP… You can continue your h1b status if you are not changing the employer… Isn’t it

Your 3: H1b is a dual intent visa so i think no one is going to reject it if you have used EAD/AP.

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Many big employers refuse to renew H1b after EAD is approved due to the costs. So that’s a important consideration.

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for 1 &2: True. Thats why I said I would only downgrade if I really need the EAD or AP…to travel outside the country or to change a job.

for 3: The dual intent nature of H1B should technically allow us to revert back to H1B from EAD/AP.But apparently there is nor formal USCIS guidance on this. Some lawyers believe that it can be easily done, while some believe that using an EAD makes your H1b void.So depends on your risk taking ability I guess.This article does a good job of summarzing the pros and cons.

https://immigrationroad.com/green-card/ead-ap.php

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Hi guys
I had approvals in my company to move to Canada in February - but Covid just hit then and I decided it was best to lie low until things improve.
With the movement around s.386/hr1044 I am now trying to figure out if I can hold on to Canadian PR as an option and delay the decision to move from USA to Canada. I know many Canadian PR holders will frown at treating Canada as a backup, but I am just being honest about my intentions. If offered a GC in both places I would choose US for the opportunities.
I have a PR Card dated Dec 2018 and expiring in Dec 2023. We did our soft landing in Sep 2018.
My GC priority date is Nov 2016 under EB2.
Questions I am trying to find answers to -

  1. Do I have until (A) Dec 2021 or (B) Sep 2021 to move to Canada such that I retain my PR? (730 days in trailing 5 years)?
  2. Would I be allowed to even move to Canada after December 2021 with the authorities knowing that I cannot satisfy 730 days/5 years requirement due to the delay in moving?
  3. Are there ways to extend my deadline to move in the light of the Covid lockdown or on other such grounds?
  4. Can you please recommend a good immigration advisor or attorney that can answer some of these nuanced questions and advice me on any creative solutions?
    A huge thanks to all the knowledgeable folks (@pankajtrivedi @am1 @avj @panditji @vignesh.pr @ntn) for sharing their knowledge and experience.
    Best
    Harsha
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Hi,

  1. When we completed our landing in March 2020, the immigration officer told us that our status is valid till March 2025 and we will have to apply for extension then, if we don’t decide to apply for citizenship.So I am guessing the 730 days requirement is counted from the day you landed.

  2. Your PR status does not expire per se if you cannot satisfy the 730 day/5 year requirement.You will most likely need to appear before an immigration judge who will review your case and render a decision on your status.

  3. I am not aware of any ways to extend the deadline.You could try emailing IRCC and check.

  4. Not aware of any well known attorney.If your company has an office in Canada, they might have a legal team.

Hope this helps! Good luck

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