Moving to Canada from USA with Approved I140

[harirajmohan]

I want to know if our citizenship changes while we’re waiting for priority date to become current, can we still use the same I-140 ?

It doesnt matter which citizenship you gain/hold/retain/renounce. It matters if the employer still keeps it(140) active - as long as the employer doesn't withdraw the petition, you are fine.

 

[CANPR12]

We’re in a similar situation. My husband has his I-140 approved with priority date in 2016. We recently moved to Canada as PRs, he is working with the same employer in Canada (on Canadian payroll).
We’re planning to get our Canadian citizenship, which is very likely to happen before our US priority date is current.

Since we’re not changing employers, I’m taking the employer out of equation.

I want to know if our citizenship changes while we’re waiting for priority date to become current, can we still use the same I-140 ?

I don't see why you cannot use the same I-140 . As long as the I-140 has been filed and active beyond 180 days you are good to use it.

 

[cpatolia]

Dear friends, I have some questions for which I would like your best inputs on...

My situation: I have been in the US for over 10 years working in IT field, on H1b . I have my I140 petition approved. I recently got my PR in Canada and I am planning to move to Canada once I find work there. I plan to stay there for about 3 years until I get my citizenship and then may be think of moving back to US if needed.
I don't feel that my priority date (2012) will get current any time soon and on an optimistic note I expect it to be not less than 4-5 years from now that I can hope my date might be current which is some where in 2021-2022. I feel if I spend these years in Canada working it would be useful enough to get a Canadian passport instead of hanging in here for noting in uncertainty.

My questions:
1: What will happen to my I140 petition? Will I be able to use the same priority date if I come back to the US at a later point in time?

2: In case if my date gets to be current during the time I am out of the country in Canada/ or after I get my citizenship, can I have my employer here file for my Adjustment of Status?

3: Once I am a Canadian Citizen say in 2021 - 2022 and if my I140 date gets to be current, can I come back to US and use my old I140? I am thinking it might be possible if I find a new employer and have them file my H1B again and have them also file my LC and latter I140/485 concurrently... is this possible or am I just miss informed?

All your inputs are appreciated!

Hi,
I am in exactly same boat and we decided to move to Canada. In-fact soon, we will be there.

My situation
In USA for 10 years. 8 years into H1B, Priority date of June,2012 under EB2. Same Company under whole employment period.
Got Canadian PR in 2016.

What we have in USA is settled life, Good income, home ownership. Basically in a comfort zone.

We also have Uncertainty - we might be thrown out of country anytime by situations out of our control
No one can say with certainty that PD of 2012 will become current in 2021-2022, not even USCIS. If they would have been able to give us such dates with 100% certainty, folks like you and me can make better plans of our life. But unfortunately that is not the case.

So let us face reality, we may get GC in a year, 2 year, 5 year or 10 years, or don't get at all, even if we do everything by book, no one knows. What if during this waiting period, US economy hit with recession and H1B guys are told to leave like in 2008, what if during this time I get disabled or pass away due to any unfortunate events. In such case, will my family be better off in Canada or India.
Also remember getting PD as current and filing I-485 is not enough. They may deny I-485 too for any reason (check google), no one cares you legally waited for 15 years.

Now lets talk about moving to Canada, I spoke with our company immigration lawyer. Her view is it is better to move, as she is also not sure what can happen tomorrow with US immigration laws. With approved I-140 of 2012, as per her, we can always move back to USA once date is current and file for aos for I-485. If at that time, we are not in USA, they can file for consular processing in Canada. Infact consular processing in Canada will be faster compared to AOS within USA.

I hope in above paragraph I answered your question 2 and 3.

 

[jashsayani]

I have I-140 approved in 2015. But its a useless paper as US doesnt want to give Green Cards to asian people.

 

[happyatul2001]

Guys, H1b, I-140 approved, PD 2015. Currently, working as a Project manager.
How about moving to Canada for 1 yr with the same company who is having the H1b/ GC. Then, come back to USA as an International manager and upgrade from EB2 -> EB1?

 

[Joshua2018]

Guys, H1b, I-140 approved, PD 2015. Currently, working as a Project manager.
How about moving to Canada for 1 yr with the same company who is having the H1b/ GC. Then, come back to USA as an International manager and upgrade from EB2 -> EB1?

How do you plan to move to Canada?Have you received your Canadian PR or will the company plan to process a Canadian work visa for you?
I believe this should work out.It should within a span of 3 years though

 

[destornillador]

Hi everyone,

I recently moved to Canada as a PR last month. My I140 is approved with priority date of April 24, 2014. However, I'm no longer with the employer, though I left on very good terms, and I would be welcome back in the future (I was told by multiple people including my manager, the VP and the director of the org).

My I797 (3rd one) is approved till September 30, 2021, and H1B visa stamped in Passport till same date. I renewed it in Sep 2018.

If I decide to go back after Canadian citizenship on a TN or H1B visa for the same employer, can I continue the GC process from I140 onward, assuming my PD is current in 4-5 years? Or hypothetically, if the PD for EB2/3 is not at 2014 in 4-5 years (most likely), if I find someone willing to move me as a manager and file in Eb1c, can I use the PD for the previously approved I140?

 

[Cubicrootofthee]

Hi everyone,

I recently moved to Canada as a PR last month. My I140 is approved with priority date of April 24, 2014. However, I'm no longer with the employer, though I left on very good terms, and I would be welcome back in the future (I was told by multiple people including my manager, the VP and the director of the org).

My I797 (3rd one) is approved till September 30, 2021, and H1B visa stamped in Passport till same date. I renewed it in Sep 2018.

If I decide to go back after Canadian citizenship on a TN or H1B visa for the same employer, can I continue the GC process from I140 onward, assuming my PD is current in 4-5 years? Or hypothetically, if the PD for EB2/3 is not at 2014 in 4-5 years (most likely), if I find someone willing to move me as a manager and file in Eb1c, can I use the PD for the previously approved I140?

Things look good for you in general. Congratulations!!!
Now, to the bad news though. On a TN Visa, you cannot pursue your GC since it is not designated as dual-intent. This is from what I know from the forums. I'd be glad to research this further as it affects my potential future case as well.

 

[destornillador]

Things look good for you in general. Congratulations!!!
Now, to the bad news though. On a TN Visa, you cannot pursue your GC since it is not designated as dual-intent. This is from what I know from the forums. I'd be glad to research this further as it affects my potential future case as well.

You are technically right about TN visa not being dual intent, but the only real catch is you won't be able to renew it after 3 years. *However*, if you time it just right, and your PD is current, you can file PERM, I140 and I1485 in under 3 years and get the green card, hence, not needing to renew the TN visa.

 

[bullmoose]

Hi everyone,

I recently moved to Canada as a PR last month. My I140 is approved with priority date of April 24, 2014. However, I'm no longer with the employer, though I left on very good terms, and I would be welcome back in the future (I was told by multiple people including my manager, the VP and the director of the org).

My I797 (3rd one) is approved till September 30, 2021, and H1B visa stamped in Passport till same date. I renewed it in Sep 2018.

If I decide to go back after Canadian citizenship on a TN or H1B visa for the same employer, can I continue the GC process from I140 onward, assuming my PD is current in 4-5 years? Or hypothetically, if the PD for EB2/3 is not at 2014 in 4-5 years (most likely), if I find someone willing to move me as a manager and file in Eb1c, can I use the PD for the previously approved I140?

As mentioned by other members, yes TN visa not dual-intent, means you cannot pursue permanent residency while on that visa. That said, once you are a Canadian citizen you can get the TN visa on the border itself, also it does not come under any quota so no country limit. Secondly, it is renewable and you don't even have to leave US if you don't want, provided your employer keeps on filing I-129 on your behalf. Also, you can change employer on this visa anytime.

Now on the other hand if your goal is to become US citizen, you can come to US on TN visa and get a company apply for H1B. The year you get H1B through lottery, step out of the country, get the stamping done and re-enter as H1B employee and then apply for green card. If you already have a PD, you can port the date during I-140 process. I am not sure if you can just continue to 485 if you are just hired by your old company, even if the job location and your title kept same as of 2018. You might have to do some research on that.

 

[harirajmohan]

You are technically right about TN visa not being dual intent, but the only real catch is you won't be able to renew it after 3 years. *However*, if you time it just right, and your PD is current, you can file PERM, I140 and I1485 in under 3 years and get the green card, hence, not needing to renew the TN visa.

But dont go TN route at all as you have 140. Why to take any headache on that.
Finish your residency. Apply citizenship. Be on H1 till your PD becomes current. Why do we need to be on TN when H1 option is available.

PD wont become current that soon - not in the next 5-7-10+ years for you. There is too much backlog from 2009 till 2014(your PD).

 

[destornillador]

Yeah, TN visa sounds like the headache I was escaping from with H1b. I joined my Canadian company as an engineering manager, and they have a US presnce as well, which they are expanding. So my hope is I might be able to file in Eb1c with this company after Canadian citizenship in the future and use my previous i140 PD from 2014 to port. As even eb1 is backlogged to 2017 for India born.

 

[21Goose]

Yeah, TN visa sounds like the headache I was escaping from with H1b. I joined my Canadian company as an engineering manager, and they have a US presnce as well, which they are expanding. So my hope is I might be able to file in Eb1c with this company after Canadian citizenship in the future and use my previous i140 PD from 2014 to port. As even eb1 is backlogged to 2017 for India born.

It is possible to use your current priority date for an application in the future as long as your I-140 was not revoked for misrepresentation or fraud. This is a fairly common thing and any decent immigration attorney in the US will be able to handle it for you if and when you do reapply. Just keep all your documents so you can provide them when needed.

That being said, once you become a Canadian citizen, you can simply use the TN visa to maintain status in the US - it's very different to the H1-B.

You can make a decision when the time comes. You will get to keep your priority date in any case, there's nothing you need to do on your end.

 

[21Goose]

Quick note - you will need an entirely new I-140. It will be like doing the whole green card process all over again, the only difference is you get to keep your old PD. You'll still have to provide all the documents, references, all that jazz.

 

[happyatul2001]

How do you plan to move to Canada?Have you received your Canadian PR or will the company plan to process a Canadian work visa for you?
I believe this should work out.It should within a span of 3 years though

I dont have a Canadian PR yet. Most likely be via my company sponsored Canadian visa. But my company is not registered in Canada so far. its on the horizon maybe next year.

Question - my H1b is valid till Mar 2021. If I go to Canada for 1 yr and try to re-enter. Am I cap exempt (8th year on my H1b, I-140 approved), if I try to re-enter before Mar, 2021? My H1b visa stamp has expired, but believe that can be re-done in Canada.