Moving to Canada from USA with Approved I140

[21Goose]

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.

If you quit your job, your H1B visa was immediately revoked and is no longer valid, no matter what's printed on your visa. H1B status is dependent on your continued employment and your employer is legally required to inform USCIS when you quit.

 

[happyatul2001]

If you quit your job, your H1B visa was immediately revoked and is no longer valid, no matter what's printed on your visa. H1B status is dependent on your continued employment and your employer is legally required to inform USCIS when you quit.

You mean, if I quit my job in US and move to same company in Canada, my current H1b is gone even though its approved till Mar 2021. And, In order to re-enter US, I will have to re-apply for H1b lottery?

Then, cap exempt is only till the time I am in US by virtue of I-140 approved?

 

[21Goose]

You mean, if I quit my job in US and move to same company in Canada, my current H1b is gone. And, In order to re-enter US, I will have to re-apply for H1b lottery?

Then, cap exempt is only till the time I am in US?

Yes, if you move to Canada as an Intra-Company Transferee you will lose your H1B status since you will be employed by the Canadian branch of your company.

Cap-exempt status is different. In order to qualify for cap-exempt status, you will need to show

1) You were in H-1B status in the US within the past 6 years.

2) You have not used your 6 years of H-1B status.

If those two conditions are true, you can reapply for a new H1B and you will be exempt from the lottery. If either of these conditions isn't true, you'll be back in the lottery.

 

[happyatul2001]

Yes, if you move to Canada as an Intra-Company Transferee you will lose your H1B status since you will be employed by the Canadian branch of your company.

Cap-exempt status is different. In order to qualify for cap-exempt status, you will need to show

1) You were in H-1B status in the US within the past 6 years.

2) You have not used your 6 years of H-1B status.

If those two conditions are true, you can reapply for a new H1B and you will be exempt from the lottery. If either of these conditions isn't true, you'll be back in the lottery.

Ah, wow!

Then, the fastest way to do a 1 yr hop to Canada/ India (serve as manager), and come back to US under L1A/b as International manager for the same employer and upgrade from EB2 to EB1?

 

[21Goose]

Ah, wow!

Then, the fastest way to do a 1 yr hop to Canada/ India (serve as manager), and come back to US under L1A/b as International manager for the same employer and upgrade from EB2 to EB1?

That is technically possible. Of course, you will actually need to prove that you qualify under the L1A stream. This will depend heavily on the nature of your job, how many people you manage, specialized knowledge etc. It's not a sure thing, especially in the present climate and with more and more people trying to do exactly this. Expect USCIS to ask questions, and you have to make sure that the legal/immigration team at your company is heavily involved AND you have senior management backing you, otherwise things can fall apart very quickly.

I worked for one of the Big Tech Companies (FAAMNG), and I had this option, but I decided to just stay in Canada since I really love it here.

 

[Samoinp]

Ah, wow!

Then, the fastest way to do a 1 yr hop to Canada/ India (serve as manager), and come back to US under L1A/b as International manager for the same employer and upgrade from EB2 to EB1?

If you are going this route and if Canada is just a stop gap, would suggest to pursue a work permit. Otherwise, a PR is just wasted and it could be used by someone who really want to migrate.

 

[AK11503]

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.

Hello ,
if you are currently on H1B and I140 in progress not yet approved. if we take company transfer to Canada, i understand H1B will be canceled but do I140 keeps ongoing or it stops if we are in same company. Also what happens if we change job in Canada. Please suggest

 

[harirajmohan]

Hello ,
if you are currently on H1B and I140 in progress not yet approved. if we take company transfer to Canada, i understand H1B will be canceled but do I140 keeps ongoing or it stops if we are in same company. Also what happens if we change job in Canada. Please suggest

Going out of country while 140 in progress: No issue unless the company wants to proceed/revoke/withdraw it. It doesnt matter if its from your company or not. Its their mercy to keep the job offer and have the 140 active.
There are many people who have their 140 active (while being outside US) because that company doesnt withdraw the 140. So its all about the company policy and the relationship with the employee and employer.

Also 140 is nothing to do with H1. it doesnt get terminated automatically unless the employer requests uscis to revoke it. Many travel outside and work at offshore location and comeback on the same H1.

What happens when going out of the country: You lose only the h1 status(only if going out of the continental US or not reentering within 30 days while travelling within continental US) but H1 doesnt get cancelled automatically. So H1 authorization remains intact till company revokes it.
140 will be active unless the employer requests for revoking/withdrawing it irrelevant of employee holds any status in the US.

 

[AK11503]

Going out of country while 140 in progress: No issue unless the company wants to proceed/revoke/withdraw it. It doesnt matter if its from your company or not. Its their mercy to keep the job offer and have the 140 active.
There are many people who have their 140 active (while being outside US) because that company doesnt withdraw the 140. So its all about the company policy and the relationship with the employee and employer.

Also 140 is nothing to do with H1. it doesnt get terminated automatically unless the employer requests uscis to revoke it. Many travel outside and work at offshore location and comeback on the same H1.

What happens when going out of the country: You lose only the h1 status(only if going out of the continental US or not reentering within 30 days while travelling within continental US) but H1 doesnt get cancelled automatically. So H1 authorization remains intact till company revokes it.
140 will be active unless the employer requests for revoking/withdrawing it irrelevant of employee holds any status in the US.

Thank you!!

 

[DreamCanadian]

Going out of country while 140 in progress: No issue unless the company wants to proceed/revoke/withdraw it. It doesnt matter if its from your company or not. Its their mercy to keep the job offer and have the 140 active.
There are many people who have their 140 active (while being outside US) because that company doesnt withdraw the 140. So its all about the company policy and the relationship with the employee and employer.

Also 140 is nothing to do with H1. it doesnt get terminated automatically unless the employer requests uscis to revoke it. Many travel outside and work at offshore location and comeback on the same H1.

What happens when going out of the country: You lose only the h1 status(only if going out of the continental US or not reentering within 30 days while travelling within continental US) but H1 doesnt get cancelled automatically. So H1 authorization remains intact till company revokes it.
140 will be active unless the employer requests for revoking/withdrawing it irrelevant of employee holds any status in the US.

The only point you are missing here is employer cannot withdraw the I-140 after 180 days of approval.
Since we are talking in terms of years and decades 180 days is very less time. so even though employer wants wo withdraw sponsership still your I -140 is good and you can come back anytime again

 

[lampbreaker]

The only point you are missing here is employer cannot withdraw the I-140 after 180 days of approval.
Since we are talking in terms of years and decades 180 days is very less time. so even though employer wants wo withdraw sponsership still your I -140 is good and you can come back anytime again

Employer can withdraw the I-140, but USCIS will not revoke it according to their policy. However, I have seen posts from people whose I-140's did get revoked even if 180 days had past. They will have to take it up with USCIS. It is better to leave the employer on good terms and request them to not withdraw the I-140. The unwithdrawn I-140 makes no difference to the employer and they don't have any obligation to you even if they don't withdraw it.
Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140.

 

[DEEPCUR]

Employer can withdraw the I-140, but USCIS will not revoke it according to their policy. However, I have seen posts from people whose I-140's did get revoked even if 180 days had past. They will have to take it up with USCIS. It is better to leave the employer on good terms and request them to not withdraw the I-140. The unwithdrawn I-140 makes no difference to the employer and they don't have any obligation to you even if they don't withdraw it.
Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140.

Approved i140s could hurt small or medium sized employers as they need to be accountable for their ability to pay for every single i140. If they apply i140 for some other employee in future, and if USCIS finds that they lack ability to pay through RFE, they may revoke all other active i140s associated with the employer from their end.

 

[harirajmohan]

Employer can withdraw the I-140, but USCIS will not revoke it according to their policy. However, I have seen posts from people whose I-140's did get revoked even if 180 days had past. They will have to take it up with USCIS. It is better to leave the employer on good terms and request them to not withdraw the I-140. The unwithdrawn I-140 makes no difference to the employer and they don't have any obligation to you even if they don't withdraw it.
Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140.

I am thinking that the officers at uscis is not applying the rules properly and updating the status as withdrawn instead of revoked or the officers dont care on what status they set.

But its difficult to leave in good terms with all employers as some employers are monsters. Some employers have strict policy on revoking/withdrawing 140 after employee left as they dont want any headache later from uscis(possibly like on the point Deepcur said).

Either way it doesnt affect the candidates to port the PD as per my lawyer.

 

[DreamCanadian]

Employer can withdraw the I-140, but USCIS will not revoke it according to their policy. However, I have seen posts from people whose I-140's did get revoked even if 180 days had past. They will have to take it up with USCIS. It is better to leave the employer on good terms and request them to not withdraw the I-140. The unwithdrawn I-140 makes no difference to the employer and they don't have any obligation to you even if they don't withdraw it.
Also, the 'come back anytime' requires an H1B to be filed first and approved based on the I-140.

this is scary

 

[DreamCanadian]

I am thinking that the officers at uscis is not applying the rules properly and updating the status as withdrawn instead of revoked or the officers dont care on what status they set.

But its difficult to leave in good terms with all employers as some employers are monsters. Some employers have strict policy on revoking/withdrawing 140 after employee left as they dont want any headache later from uscis(possibly like on the point Deepcur said).

Either way it doesnt affect the candidates to port the PD as per my lawyer.

seriously,
if the employer is big company they will follow certain rules (like withdrawing H1B, I-140 applications etc , even though USCIS dishonor)