Running
Out of Time in The U.S.?
If you are on an H-1B visa in the United States, you may have
to leave after a total of six years (or five years in L-1B status).
New H-1B laws provide opportunities for Green Card applicants to
stay in the U.S. under some circumstances beyond the six year
limit. But not everyone will qualify under these provisions.
Thousands of IT workers have been laid off recently, and for many
that is the end of the Green Card process. Even if you can stay in
the U.S., the retrogression in priority dates for all the
employment categories means that many will be waiting years and
years for their Green Cards to be approved.Canada may provide the answer
on both a short term and long term basis. If you leave the United
States and work in Canada for one year, you are eligible for an
additional six years in H status. If your employer has an office
in Canada, you may be eligible to transfer to Canada as an
intra-company transferee. If you are a
software developer, you can probably qualify under Canada's
Facilitated Processing for IT Workers project. These visas can be
obtained quickly if necessary. If one spouse
qualifies for a temporary work visa in a skilled category, the
husband or wife can work as well. This is not usually true in the U.S.
You may also wish to apply for permanent residence in Canada. Due
to the new "minister's instructions," the
skilled worker category has now been limited to list of 38
occupations. However, even if your job is not on the list, you may
still qualify if you have arranged employment in Canada, or if you
have worked in Canada for one year on a work permit. Every
province in Canada now has its own provincial nominee program as
well. There are opportunities for work throughout Canada.
Canada has excellent social services and
schools. Health care is free for all Canadian residents. Canada
has a highly diverse and tolerant society, with large immigrant
communities in all the major cities. Unlike the U.S., Canada also
permits same sex and common law partners
to immigrate along with the principal applicant. We can
advise you as to both U.S. and Canadian immigration law. Contact us now to
work out a plan for you.
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