US to Canada without I140

[HopingForPR]

Hi All,

I would like to get your valuable suggestions. I am currently working in the US on H1B (Max out Sept, 2020), and I recently became a PR of Canada. I don't have an approved I140, but my employer might initiate my GC process by end of this year. So I am not sure which one would be a good option for me,

• Option 1: Moving to Canada after my employer files my PERM, which can happen by this December. And then request my employer to do a intra company transfer (ICT), if possible. So that my GC process will still continue since I am with the same employer.
• Option 2: Requesting my employer now itself to move me to Canada without thinking about the GC initiation. Because there is a chance that they may deny my request to do a ICT, if I request them after a few months.

Could you please let me know which option would be better for me to consider ?

Thanks in advance.

 

[DEEPCUR]

Definitely option 1. You have three years to move to Canada from the day you land..

 

[justinline]

You can do option 2...still ask your employer to file for GC. You don't have to be in US to file for GC. If you move to Canada with a job, thats the best scenario anyone can dream of......even though GC backlog is hopeless....still make every effort to get in line. Nothing better than to have future options open....that's what lot of people have done.

 

[harirajmohan]

Hi All,

I would like to get your valuable suggestions. I am currently working in the US on H1B (Max out Sept, 2020), and I recently became a PR of Canada. I don't have an approved I140, but my employer might initiate my GC process by end of this year. So I am not sure which one would be a good option for me,

• Option 1: Moving to Canada after my employer files my PERM, which can happen by this December. And then request my employer to do a intra company transfer (ICT), if possible. So that my GC process will still continue since I am with the same employer.
• Option 2: Requesting my employer now itself to move me to Canada without thinking about the GC initiation. Because there is a chance that they may deny my request to do a ICT, if I request them after a few months.

Could you please let me know which option would be better for me to consider ?

Thanks in advance.

I agree with justinline on mainly moving to Canada with the job given the situation that your maxout is in 15 months and gc process is not yet even started.

Thinking on below:
Why would you think that they will start the process by Dec when they have not even started now. If they really want to do it then the should be filing labor before 12 months of maxout.
Let us assume that they file GC by this year. But after that will you be able to ask for moving to Canada. I mean that will sponsoring gc impact your transfer.
As you referred on option2, if you think that they might not approve the transfer then you should take the transfer with the job. Assuming you are Indian citizen, having priority date now will not lead anywhere (given the waiting time of decades) but will help smooth transition if you move with the job.

 

[HopingForPR]

Thank you all so much for your reply.

 

[HopingForPR]

You can do option 2...still ask your employer to file for GC. You don't have to be in US to file for GC. If you move to Canada with a job, thats the best scenario anyone can dream of......even though GC backlog is hopeless....still make every effort to get in line. Nothing better than to have future options open....that's what lot of people have done.

That's correct, but my employer has a policy of not filing GC if an employee is not in the US. And at the same time I don't want to take a risk of missing intra company transfer option to Canada, because my project may be over by Jan 2020.

 

[HopingForPR]

I agree with justinline on mainly moving to Canada with the job given the situation that your maxout is in 15 months and gc process is not yet even started.

Thinking on below:
Why would you think that they will start the process by Dec when they have not even started now. If they really want to do it then the should be filing labor before 12 months of maxout.
Let us assume that they file GC by this year. But after that will you be able to ask for moving to Canada. I mean that will sponsoring gc impact your transfer.
As you referred on option2, if you think that they might not approve the transfer then you should take the transfer with the job. Assuming you are Indian citizen, having priority date now will not lead anywhere (given the waiting time of decades) but will help smooth transition if you move with the job.

Thank you so much for your reply, I am almost sure that they will file my PERM before 12 months of my max-out. However, i'm not confident about the transfer after Jan 2020, because they will only approve it if my current project has some visibility at least for a few months.

So as you mentioned, I will really consider about option 2 of going there with a job in hand. So in that case I might have to forget about GC. And I'm an Indian citizen eligible only for EB2 category.

Thank you again !!!

 

[harirajmohan]

Thank you so much for your reply, I am almost sure that they will file my PERM before 12 months of my max-out. However, i'm not confident about the transfer after Jan 2020, because they will only approve it if my current project has some visibility at least for a few months.

So as you mentioned, I will really consider about option 2 of going there with a job in hand. So in that case I might have to forget about GC. And I'm an Indian citizen eligible only for EB2 category.

Thank you again !!!

FYI: GC process filing before 12 months:
Labor preparation: Takes 3-4 monthly literally before filing. This includes starting from drafting your skill sets and roles for the new positions for gc, reviewing this document and finalizing, placing advertisements, running advertisements for a month, recruitment - short listing resumes and interview and keeping logs, cooling period after advertisements, getting experience letters from your previous companies, etc.
While labor preparation: Some lawyers wont proceed with filing labor if they find suitable candidates. So then after sometime the labor preparation needs to restart for a new position.

So its not just the preparation which can be easily done by sep. I have seen that many companies will keep us in dark and later dont do anything. So be prepared for any surprises. Sorry i am not trying to scare you but dont get fooled as i have been cheated by some companies hence beware of what they actually can do.

But good news is that the processing time is 5-6 months https://icert.doleta.gov/index.cfm?event=ehGeneral.dspProcessingTimes but this is where the companies get you saying it will get completed soon and will file 140 in premium. But not sure why they wait till 12 months and play like this. If labor goes into audit then you cant extend your h1 as it needs to be 12 months before the labor would have been filed.

So take a call accordingly. If this employer wont do then you can try with other employer (if possible in the border city) who can do it certainly or who can transfer your job. Start asking on it now before it gets too late. Either way you need to get an answer to get a chance with some other company - Once the visa period is over then no one cares and no other company can help.

 

[HopingForPR]

FYI: GC process filing before 12 months:
Labor preparation: Takes 3-4 monthly literally before filing. This includes starting from drafting your skill sets and roles for the new positions for gc, reviewing this document and finalizing, placing advertisements, running advertisements for a month, recruitment - short listing resumes and interview and keeping logs, cooling period after advertisements, getting experience letters from your previous companies, etc.
While labor preparation: Some lawyers wont proceed with filing labor if they find suitable candidates. So then after sometime the labor preparation needs to restart for a new position.

So its not just the preparation which can be easily done by sep. I have seen that many companies will keep us in dark and later dont do anything. So be prepared for any surprises. Sorry i am not trying to scare you but dont get fooled as i have been cheated by some companies hence beware of what they actually can do.

But good news is that the processing time is 5-6 months https://icert.doleta.gov/index.cfm?event=ehGeneral.dspProcessingTimes but this is where the companies get you saying it will get completed soon and will file 140 in premium. But not sure why they wait till 12 months and play like this. If labor goes into audit then you cant extend your h1 as it needs to be 12 months before the labor would have been filed.

So take a call accordingly. If this employer wont do then you can try with other employer (if possible in the border city) who can do it certainly or who can transfer your job. Start asking on it now before it gets too late. Either way you need to get an answer to get a chance with some other company - Once the visa period is over then no one cares and no other company can help.

Hi @harirajmohan

Thank you for your detailed response. I rechecked with my current employer, they are saying that they will most likely file my PERM by Q4 2019. However, the chances are less for an intra company transfer post Dec 2019. So I need to take a call by next month itself, In that case I can at least have 12 months left in my current H1, which I can use later if required.

Thank you.

 

[Ram89]

Hi @harirajmohan

Thank you for your detailed response. I rechecked with my current employer, they are saying that they will most likely file my PERM by Q4 2019. However, the chances are less for an intra company transfer post Dec 2019. So I need to take a call by next month itself, In that case I can at least have 12 months left in my current H1, which I can use later if required.

Thank you.

What did you eventually choose?