Canadian PR and USA GC

Nvidia Jensnhuang
Sep 14, 2018 27 Comments

Hypothetical scenario:

Let’s say I am working for one of the FAANG in the US, and my GC is already initiated (I have my I-140 and priority date is locked in)

I ask my company to transfer me to one of their Canadian offices. Get the Canadian PR and hopefully get the Canadian citizenship in 5 years.

After 5 years, once I have the canadian citizenship. I transfer back to US within the same company either on H1-B or TN visa.

And wait for my priority date to become current. Once my priority date is current, will I still get my GC ?

Genuine question, no trolls please !

TC or GTFO: 200k

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TOP 27 Comments
  • Facebook Bvcdtnvtuj
    I’m surprised to see here that so many people think this is not possible. As long as you have an I-140 you keep your priority date irrespective of where you live. Substantial presence comes into play only after you get your GC. Also, most big companies never withdraw 1-140.
    Sep 14, 2018 1
    • Capital One / Other Dfjsbsj
      Agreed. I don’t see what is wrong/not feasible with OP’s plans.
      Sep 14, 2018
  • Microsoft / Eng
    somethinsu

    Microsoft Eng

    PRE
    Freelancer
    somethinsumore
    Sadly immigration isn't a grocery checkout line where you can ask someone to hold your place while you go buy something else!
    Sep 14, 2018 1
    • Nvidia Jensnhuang
      OP
      They are holding us in a checkout line for 20+ years 😊 .... Just trying to understand the game or the system.
      Sep 14, 2018
  • Microsoft / Eng
    somethinsu

    Microsoft Eng

    PRE
    Freelancer
    somethinsumore
    Yeah no. Read up on Google about substantial presence. Kudos to you for coming up with this ingenious idea though!
    Sep 14, 2018 3
    • Nvidia Jensnhuang
      OP
      @somethinsu I am pretty sure I would clear the substantial presence test. If I come back after 5 years, I would easily stay for another 3 years before my priority date become current. N this is the best case scenario considering the GC backlog for Indians.
      Sep 14, 2018
    • Nvidia Jensnhuang
      OP
      Sep 14, 2018
    • Microsoft / Eng
      somethinsu

      Microsoft Eng

      PRE
      Freelancer
      somethinsumore
      Are you dumb? The post clearly states it's for tax purposes!
      Sep 14, 2018
  • Microsoft / Eng
    somethinsu

    Microsoft Eng

    PRE
    Freelancer
    somethinsumore
    Putting aside the fact that what you're asking is legally and physically impossible.

    I feel you but you're taking opportunity away from someone else. Why do you want Canadian citizenship AND usa gc? Aren't you being a lil greedy?
    Sep 14, 2018 3
    • Nvidia Jensnhuang
      OP
      Sure, I see your point. You could interpret this as me being selfish. However I have canadian friends (not Indians, white canadians) who hold canadian citizenship by birth and have an american GC and work in US. They never want to apply for american citizenship. So are they all selfish ? I guess we all are at some level 😊, aren’t we ?
      Sep 14, 2018
    • Microsoft / Eng
      somethinsu

      Microsoft Eng

      PRE
      Freelancer
      somethinsumore
      You won't get it man. This is crazy
      Sep 14, 2018
    • Nvidia Jensnhuang
      OP
      Let’s say I get fired after waiting in the GC queue for 10+ years. Now I have 60 days to find another job, else my whole family moves back (Including a kid who is born here and the only place s/he understands is USA)

      I would have probably invested 15+ years of my life to earn a MS from a top tier school, go through OPT, H1-B, GC hell for what ! Nothing.

      I wouldn’t expect you to get it either !
      Sep 14, 2018
  • This comment was deleted by original commenter.

    • Nvidia Jensnhuang
      OP
      Can I PM you to get more details ?
      Sep 14, 2018
    • New gigM8
      Yes and your SSN number too pls
      Sep 16, 2018
  • Citadel Securities / Eng
    wagecuck2

    Citadel Securities Eng

    PRE
    Google
    wagecuck2more
    Yes. If your original company doesn't withdraw the I-140, then it remains valid unless your priority date is current for 12 consecutive months. So yes, if you were born in India, you will have enough time to get Canadian citizenship and come back on the original I-140.
    Sep 14, 2018 0
  • Microsoft Pposm
    What’s the difference between you waiting in the US vs going to get a Canadian GC while waiting? If Canada is not where you wanna end up why sweating it?
    Sep 14, 2018 0
  • Nvidia Jensnhuang
    OP
    Can you define substantial presence ? I am only out of US for 5 years.
    Sep 14, 2018 0
  • Microsoft / Eng
    somethinsu

    Microsoft Eng

    PRE
    Freelancer
    somethinsumore
    Lol no, one of the conditions to get a GC is substantial presence. Wow
    Sep 14, 2018 0
  • Microsoft / Eng
    somethinsu

    Microsoft Eng

    PRE
    Freelancer
    somethinsumore
    What do you do at work to come up with these ideas?
    Sep 14, 2018 3
    • Microsoft Pposm
      nothing possibly
      Sep 14, 2018
    • Nvidia Jensnhuang
      OP
      @Pposm Since I do nothing, may be I should move to Microsoft 😀
      Sep 14, 2018
    • Microsoft Pposm
      For sure. Better Comp, branding, and WLB than your company :)
      Sep 14, 2018
  • Amazon Smokin
    Yeah this is possible .But I don’t see the benefit honestly .5 years in Canada is a long time.You can come back if you have a high paying job.Otherwise I don’t see the point.
    Sep 14, 2018 1
    • Tesla itjp07
      Weather..
      Sep 14, 2018
  • Intel TrVu70
    There a big chance that your company will pull out your I140 once you move out of country.
    Sep 14, 2018 1
    • Nvidia Jensnhuang
      OP
      Keep in mind I am working for the same company all this time. Why would they revoke my I-140? From what I have heard, it is a cost to the company to revoke your I-140 and comes with a bit of stigma. So companies usually don’t do it.
      Sep 14, 2018
  • Aurora life-rolls
    Can’t you just show them your Leetcode badge number and get bumped forward?
    Sep 14, 2018 0