In Canada on PR, Now Priority Dates have become current in USA, anyone in a similar situation?

[ripster85]

Just sending an update - my lawyer has filed the i-824 but no idea how long it will take and what happens if the 1 yr time is up since PD becoming active.
At this point though I have given up all hope of getting a GC. The only reason it would have made sense is if I moved back to US, however with the recent shooting I am more determined to stay in Canada. Screw US!

Takes 2-3 years for consular processing

 

[Samoinp]

Just sending an update - my lawyer has filed the i-824 but no idea how long it will take and what happens if the 1 yr time is up since PD becoming active.
At this point though I have given up all hope of getting a GC. The only reason it would have made sense is if I moved back to US, however with the recent shooting I am more determined to stay in Canada. Screw US!

Where is this 1 yr coming from? Is it because of one is still employed in that role?

 

[ustocanada49]

Where is this 1 yr coming from? Is it because of one is still employed in that role?

Yes. This is what I am wondering too. Is there any reference that says after your priority date becomes current, you have to apply within a year or the PD will be lost?

If a PD becomes current and doesnt ever retrogress, does it not mean its always current from then on and we can apply for I-485 anytime in future without any wait?

If some one had a PD of Feb 2008, I am assuming he is eligible to apply anytime now since its been long time it became current. Correct me if I am wrong.

 

[Samoinp]

Yes. This is what I am wondering too. Is there any reference that says after your priority date becomes current, you have to apply within a year or the PD will be lost?

If a PD becomes current and doesnt ever retrogress, does it not mean its always current from then on and we can apply for I-485 anytime in future without any wait?

If some one had a PD of Feb 2008, I am assuming he is eligible to apply anytime now since its been long time it became current. Correct me if I am wrong.

Yes, that is my understanding as well. Heard of a case of 2012 priority date, moved to India, found a new job in 2022, moved back and starting a new PERM process. The only gotcha to reuse priority date is perhaps a similar role in new job?

@harirajmohan Do you have any thoughts?

 

[harirajmohan]

Yes, that is my understanding as well. Heard of a case of 2012 priority date, moved to India, found a new job in 2022, moved back and starting a new PERM process. The only gotcha to reuse priority date is perhaps a similar role in new job?

@harirajmohan Do you have any thoughts?

Sorry i am not sure about how to retain old priority date after it became current a while ago.

 

[iceman55]

Yes, that is my understanding as well. Heard of a case of 2012 priority date, moved to India, found a new job in 2022, moved back and starting a new PERM process. The only gotcha to reuse priority date is perhaps a similar role in new job?

@harirajmohan Do you have any thoughts?

https://www.murthy.com/2011/12/02/priority-date-finally-current-how-soon-should-i-485-be-filed/

https://www.nolo.com/legal-encyclopedia/how-before-priority-date-current-will-i-letter-telling-me.html

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html

It appears NVC gets involved only in consular processing cases. In that case, NVC would send a welcome letter right before the priority date becoming current and if you don't respond within a year, the visa may be considered abandoned. Not sure if that abandonment is irrevocable.

But if your I 140 was filed without consular processing, you should be able to file a PERM with a new employer under EB-2 or EB-3 and claim your old date and once PERM is approved, should be able to concurrently file I-140 and 485 since your PD would be current.

 

[pseetha]

Just a quick question to any one in this group, who can help
I am a Canadian PR and would be applying for citizenship late this year. I moved from US and have a I 140 approved earlier with my previous organization.Now my old PD is current. Now I am thinking of asking my current organization(In canada) to start green card through consular processing. Had following questions -

1. Is PERM needed for Consular processing? Dont see anything on it, want to make sure
2. Can we port the PD from old I 140 even though the new one is going to be consular processing?
3. I have B1/ B2. Is there any impact in traveling to US when the consular processing green card is in progress?

 

[Lilly 12]

Hi,

Any waiting is here for the spouse NVC interview in Canada. I'm current as per the visa bulletin. I got document approval on April 27th 2023