H1B Loss of job- What are my options to return

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NewCanadian
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Joined: Sun Mar 07, 2010 5:07 pm

H1B Loss of job- What are my options to return

Post by NewCanadian » Fri Oct 17, 2014 5:41 pm

I am likely to lose my current H1B job with I-140 approved but priority date not current. I own home in Chicago. My job is likely to be going away in two months.

My employer does not revoke I-140 so I can return anytime if I get a job offer. But my question is when is the earliest I can return to US for selling of the properties and other winding up activities if I do not get a job offer?

Do I have wait for 6 months before I can come as a normal Canadian visiting US?

I plan to leave US on my last day of employment

nelsona
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Post by nelsona » Fri Oct 17, 2014 11:12 pm

If you leave US, you can return as soon as you re-establish sufficient Cdn ties (home, lease, utilities, etc) to enter as a tourist. This return would be to sell your stuff, not look for a job.

Most, however, stay in Us by applying for B2 by mail to wrap up affairs for upto 6 months, This gives them a chance to look for another job for a few weeks, and then they leave for good.

So decide now whether you think you can find a job quickly (and apply for B2) or go back to Canada and collect UI.


Your approved I-140 doesn't buy you much without having files I-485 which you can't. Its not your I-140 that allows you to come back, it is your previous H1-B. You are entitled to H1-B for at least a total six years from now on, without quota. I-140 approved merely lets you stay on H1 until GC approved.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

NewCanadian
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Post by NewCanadian » Sat Oct 18, 2014 11:39 am

Is applying for B2 an option for Canadians?
I did not know about it.

If that is allowed, then I can apply online for B2 few days before my job ends and allow me to take care of the things while here.

There is an increased possibility that same employer can call me back in few months when the situation improves.

I have few years to turn 59 and half to avoid penalty to convert 401K to Roth so I am avoiding to become Canadian resident but return to my country of birth which allows me for two years to be exempted from foreign income (taxed on local income only) and from third year taxes me on global income.

NewCanadian
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Post by NewCanadian » Sat Oct 18, 2014 11:46 am

Sorry, I missed sending by mail part. Few weeks do not help. I would rather leave US a day before employment ends.

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona » Sat Oct 18, 2014 3:20 pm

Just so you know that you won't be let back in without establishing ties somewhere. The B2 by mail (I-539) option applies to anyone. I would use it, since you are not going to Canada and won't be collecting UI anyway.

By the way there is never a penalty to convert 401(k) to Roth regardless of age. You are thinking of the early IRA/401(k) withdrawal penalty. This doesn't apply to Roth conversions (as long as you convert all the funds you take out of 401(k), of course.)
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

NewCanadian
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Post by NewCanadian » Sat Oct 18, 2014 6:24 pm

Nelsona- Thanks. My house in Canada is on lease and I can avoid staying in Canada in middle of winter by going to milder places of my home country where I always have a owned home available where I visit.

I want to return to Canada only after exhausting all possibilities of return to my current employer.

NewCanadian
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Joined: Sun Mar 07, 2010 5:07 pm

Switching to TD as dependent

Post by NewCanadian » Sun Oct 19, 2014 9:09 am

My wife holds TN visa. Is switching to TD by mail without having to visit border an option?

I was trying to avoid H1B to TD and back if I get another job but if no other option is viable, I may be left with only that option.

nelsona
Posts: 15817
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Mon Oct 20, 2014 12:00 pm

Of course! That would be the best option. Why did you not mention this? This was a pretty important fact to leave of the table. Why were you even thinking of leaving US?

With TD, you don't have to prove foreign residence, so going to the border to get it is EXACTLY what you should do. Mail is second best option in this case.

2 points though. Just because you have h1 and can get another H12 job, doesn't mean you don't have to maintain legal status. You can only go from H1 to h1 if you switch job while employed.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

NewCanadian
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Joined: Sun Mar 07, 2010 5:07 pm

Post by NewCanadian » Tue Oct 21, 2014 8:07 am

Nelsona- My wife is on part time TN visa for a university as a PhD guide and although she has many students for whom she is the chair and many others on whose she is on the PhD committee, she get paid as their PhD progresses and not based on time.

She has been doing this for last 5 years with one renewal without any questions. Although she works every day, pay date and amount varies.

It was more of professional happiness for her rather than a significant source of income. I am therefore apprehensive to visit border to renew it since we want to be together wherever we go.

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