Need a Canadian Immigration lawyer have question about my permanent residency. I am already on h1b. I have questions

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Customer: Need a Canadian Immigration lawyer have question about my permanent residency
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: Yes I am already on h1b
JA: Have you talked to a lawyer about the H-1B visa?
Customer: yes I have questions about canadian Permanent residency
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I have Canadian PR which is expiring in Feb 2022..I have got offer in Canada and Joining there on Aug 6
Answered by Debra in 9 hours 3 years ago
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Debra
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Got Canadian PR in 2017 and expiring in Feb 2022. I got offer in canada and joining there on Aug 5, 2019
1) Do you think I will have any issue in entering canada since I was away for 2 years.. I don't think it should be issue but still want to make sure?2) I live in USA and on h1. My spouse is also on h1 here and is having candian PR. I am planning to visit USA every month for 2-3 days using AVR. Do you think I will have any issue while coming back to Canada? I have arround 931 days left to complete the 730 days requirements3) If I get myself incorporated (i.e make a Canadian Company) and get some project from US company, and work in Canada. If I travel to US sometimes (like 2-3 days) can I count these days towards my Residency requirements as its mentioned if you travel for canadian company days are counted? If so what proof do I have to give. This work will be seperate than the fulltime Job i will be doing for another canadian employer
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

1) No you are totally fine.

2) No as you a PR so you can leave and return as of right.

3) No as that corporation will not have been in existence long enough. There is no real way to get around being in Canada physically by starting your own corporation. That defeats the purpose and you should not consider it. Your file will be red flagged and you will always have problems going forward.

You should keep exact count of the days as you will have to prove each one.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thanks for the response.
I have another question regarding the NExus Card
In US I have another job which will keep my h1 status. This is a remote job and they have no problem me doing that from Canada. Since my family is in US and I will be traveling between US and Canada. Can I apply Nexus card
I had been living in US for last 10 years. In the Nexus card its says one should be permanent resident of either Canada or US, and 3 years continuous residency in any country. What is meaning of Continous residency? I had last travelled to India in March 2018 for 2 weeks and Feb 2017 for 2 weeks before that. Do I have to wait for another 1.5 years to apply nexus. I have been living in US since 2009 and have been paying proper taxes etc.
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Debra, Expert

Going home for visits doesn't interrupt your continuous residency.

Customer
Thanks Debra.
1) That means I can apply for Nexus card once I reach Canada. I should not be denied Nexus card though I visited India in last 3 years?
2) My wife is having a good job in US and her PR will expire in march 2022. The plan is that she will keep her job and sometimes travel to Canada to meet me. We contacted immigration lawyer sometime back and he said once she reaches March 2020 mark it will be difficult for her to travel to Canada as CBP officer will think she won't be able to make to her 2 year residency mark. The best thing, in that case, will be to surrender her PR voluntarily and apply for visiting visa to canada. Also since I will be maintaining my PR status by having Canada job and living in Canada I can sponsor her for PR again. Please let me know what you think? is it true or what kind of issue we can face? Also what are the timelines when can sponsor her?PS: I was the primary applicant when we applied for Canadian PR. Secondly why my wife can;t move to canada is since she is a Research scientist in Top University and her US PR in EB1 is approved which may take 3-4 years to come. I don't want to loose the Canadian PR and want to be complete the citizenship requirement for Canada.
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Debra, Expert

1) That is not a concern in the least.

2) Yes that is all true. But if you want to continue this discuss it is a separate question so please rate this post first and then start a new post.

Thanks

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