H-1B status generally ends after six years. Workers whose green card cases started early can often extend past that limit, but many cannot: the PERM case started too late, the employer’s case was delayed, or the person never entered the green card process at all. For a company that does not want to lose that employee, a temporary move to Canada is often the most practical way to keep the person working on the same team while a path back to the United States is built.
Step 1: Confirm the U.S. Options First
- Check whether an H-1B extension beyond six years is available. A PERM or I-140 filed at least 365 days earlier, or an approved I-140 when a visa number is not available, can allow extensions.
- Count recapturable time. Days spent outside the United States during the H-1B period can be added back to the six years if they can be documented.
- Look at other U.S. categories, such as O-1 for people with extraordinary ability or a change to a dependent status, which may fit some employees.
If none of these work, plan the Canadian move early. Waiting until the last month leaves no time for a work permit.
Step 2: Choose a Canadian Work Permit Route
- Intra-company transfer. If the company has a related Canadian business, an employee who has worked for the company full time for at least one year in the past three, in an executive, senior managerial, or specialized knowledge role, may qualify for a work permit without a Labour Market Impact Assessment (LMIA).
- Global Talent Stream. If the role is on Canada’s Global Talent Occupations List, such as software engineering, data science, or cybersecurity, the Canadian entity can obtain a fast-track LMIA, and the work permit can be processed in about two weeks.
- CUSMA. U.S. and Mexican citizens may have additional LMIA-exempt options, but most H-1B workers hold other citizenships, so this route usually does not apply.
Spouses of skilled workers may qualify for open work permits, and children may be able to attend school, so families can often relocate together.
Step 3: Plan the Return to the United States
- L-1 transfer. After the employee has worked for the related Canadian company for at least one continuous year, they may qualify to return to the U.S. company as an L-1A manager or executive or an L-1B specialized knowledge worker.
- A fresh H-1B period. A person who has used the full six years can generally qualify for a new H-1B period after living and working outside the United States for at least one year.
- The green card case can continue. An employer can keep pursuing PERM and an I-140 for future employment in the United States while the worker is in Canada, with the final step completed through a U.S. consulate.
Why Canada Works Well as a Bridge
The time zones line up with U.S. teams, travel between the two countries is easy, and many H-1B workers are in occupations Canada is actively recruiting. Canadian work experience can also lead to permanent residence through Express Entry, where many technology and engineering occupations now earn extra points as high-wage occupations. That gives the employee a secure long-term option even if the U.S. return takes longer than planned.
Frequently Asked Questions
Can the employee keep working for the U.S. company from Canada?
They need a valid Canadian work permit to work in Canada. With an intra-company transfer or a Global Talent Stream permit through a Canadian entity, they can keep working with the same U.S. team.
Does the company need an office in Canada?
For the intra-company transfer and Global Talent Stream routes, there must be a genuine Canadian employer. Some companies set up a Canadian subsidiary for this purpose.
How long must the employee stay in Canada before an L-1?
At least one continuous year of full-time work for the related company abroad within the three years before the L-1 petition.
Can the green card process continue while the employee is in Canada?
Yes. The employer can sponsor the employee for future U.S. employment, and the case can be completed at a U.S. consulate.
When should we start planning?
At least a year before the H-1B six-year limit, so there is time to review U.S. extension options and prepare the Canadian work permit.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak & Batra (NPZ & B) Law Group, P.C. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.