Moving to Canada from USA with Approved I140

[canuck78]

Hello everyone, thank you for all the information.

I'm contemplating a move to Canada. I'm on H1B with my current employer for past 6 years now, have an approved I-140 with PD of June 2015. I want my parents (back in India) to live with us, as they long for their grandchild (born in the US). Travelling 6 months every year is overwhelming for them given their age.

A move to Canada support for below to reasons.
a) Supervisa for parents, that allows a stay up to 2 years
b) Opportunity to convert them to Canadian PR if they choose to and then to citizenship.

My intent is to get a PR through express entry and then Canadian citizenship in the next 3 years (as long as rules don't change). I don't want to dismiss an opportunity to come back to US again. I have a home and friends here, and honestly this is now a comfort zone. My existing employer has an opportunity in Canada and may offer me a job there if I choose to.

My Questions:
a) I want to move to Canada with Express Entry (instead of Work Authorization/Visa issued by company). Does any one see a disadvantage with that?
b) Will I be able to move back to US while keeping my PD same, say in next 7-10 years or when it becomes current, with the same employer?
c) Somewhere down in this thread they mentioned you may lose your PD if you are out of United States for more than 6 years. Though it was later dismissed, I did not get a clear stance on it. Could someone confirm that? If it does not affect my PD, does being outside of the US for 6 years make me go through a lottery system for H1B again?

Many thanks for you help in advance. Also, want to echo that you guys have done an amazing job in helping the members here.

You can move to Canada for supervisa but sponsoring parents is never guaranteed. The program can change 4 years from now.

 

[Samoinp]

Hello everyone, thank you for all the information.

I'm contemplating a move to Canada. I'm on H1B with my current employer for past 6 years now, have an approved I-140 with PD of June 2015. I want my parents (back in India) to live with us, as they long for their grandchild (born in the US). Travelling 6 months every year is overwhelming for them given their age.

A move to Canada support for below to reasons.
a) Supervisa for parents, that allows a stay up to 2 years
b) Opportunity to convert them to Canadian PR if they choose to and then to citizenship.

My intent is to get a PR through express entry and then Canadian citizenship in the next 3 years (as long as rules don't change). I don't want to dismiss an opportunity to come back to US again. I have a home and friends here, and honestly this is now a comfort zone. My existing employer has an opportunity in Canada and may offer me a job there if I choose to.

My Questions:
a) I want to move to Canada with Express Entry (instead of Work Authorization/Visa issued by company). Does any one see a disadvantage with that?
b) Will I be able to move back to US while keeping my PD same, say in next 7-10 years or when it becomes current, with the same employer?
c) Somewhere down in this thread they mentioned you may lose your PD if you are out of United States for more than 6 years. Though it was later dismissed, I did not get a clear stance on it. Could someone confirm that? If it does not affect my PD, does being outside of the US for 6 years make me go through a lottery system for H1B again?

Many thanks for you help in advance. Also, want to echo that you guys have done an amazing job in helping the members here.

Sponsorship for parents isn't that easy. The one meant for 2019 accepted applications only for 11 minutes.
Keep in mind of demand supply dynamics.

https://globalnews.ca/news/4900186/canadians-sponsorship-process-grandparents-parents-ircc-online-2019/

 

[lampbreaker]

My Questions:
a) I want to move to Canada with Express Entry (instead of Work Authorization/Visa issued by company). Does any one see a disadvantage with that?
You have to do all the paperwork yourself and bear the costs.
b) Will I be able to move back to US while keeping my PD same, say in next 7-10 years or when it becomes current, with the same employer?
Yes, you can keep the PD (even with a different employer) and move back to US as long as there is no change in US laws.
c) Somewhere down in this thread they mentioned you may lose your PD if you are out of United States for more than 6 years. Though it was later dismissed, I did not get a clear stance on it. Could someone confirm that? If it does not affect my PD, does being outside of the US for 6 years make me go through a lottery system for H1B again?
No you will not lose your PD. USCIS used to do cap-exempt H1B petitions for up to 6 years after leaving, but now they have removed that limit also.

Many thanks for you help in advance. Also, want to echo that you guys have done an amazing job in helping the members here.

See above.

 

[destornillador]

Hello everyone, thank you for all the information.

I'm contemplating a move to Canada. I'm on H1B with my current employer for past 6 years now, have an approved I-140 with PD of June 2015. I want my parents (back in India) to live with us, as they long for their grandchild (born in the US). Travelling 6 months every year is overwhelming for them given their age.

A move to Canada support for below to reasons.
a) Supervisa for parents, that allows a stay up to 2 years
b) Opportunity to convert them to Canadian PR if they choose to and then to citizenship.

My intent is to get a PR through express entry and then Canadian citizenship in the next 3 years (as long as rules don't change). I don't want to dismiss an opportunity to come back to US again. I have a home and friends here, and honestly this is now a comfort zone. My existing employer has an opportunity in Canada and may offer me a job there if I choose to.

My Questions:
a) I want to move to Canada with Express Entry (instead of Work Authorization/Visa issued by company). Does any one see a disadvantage with that?
b) Will I be able to move back to US while keeping my PD same, say in next 7-10 years or when it becomes current, with the same employer?
c) Somewhere down in this thread they mentioned you may lose your PD if you are out of United States for more than 6 years. Though it was later dismissed, I did not get a clear stance on it. Could someone confirm that? If it does not affect my PD, does being outside of the US for 6 years make me go through a lottery system for H1B again?

Many thanks for you help in advance. Also, want to echo that you guys have done an amazing job in helping the members here.

If you have a priority date after mid 2012, and if the existing laws do not change, you will not see a Green card in this lifetime. Just look at the pending applications inventory from USCIS and the number of visas issued to India each year. You can, however, go back on a TN visa, or try to file in EB1 as an alternative.

 

[prasadpp]

as a follow-up to your Answer1, whats up with 6 year timeframe here? didn't get it. My H1B's original 6 yrs are over and i am on extension based on i140(approved), are you saying that if we move to Canada for 3 years and come back to US, we need not go through lottery again?
another variation : i plan to stay with same global employer both in US and canada. plan: I extend my h1B for 3 years --> go to canada & stay there for 2 years as PR --> come back to US before my 3 yr extension expires with same employer. is that even possible?

I am in same situation as yours.Did you successfully go thru the process?

 

[harirajmohan]

I am in same situation as yours.Did you successfully go thru the process?

https://www.usavisanow.com/h-1b-visa/h1b-visa-resources/h-1b-renewal-extension/
https://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm
Current H-1B status not required. I could see trackitt forum members comes back from India without cap using the approved 140.

 

[prasadpp]

https://www.usavisanow.com/h-1b-visa/h1b-visa-resources/h-1b-renewal-extension/
https://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm
Current H-1B status not required. I could see trackitt forum members comes back from India without cap using the approved 140.

I agree, but would it better off of having Stamp in the Passport or not??.

Lets say having Passport Stamping until 2023 and if works in Canada for an year or two lets say until 2022 and returning back to US with same employer.

Can someone in the above situation enter US normally I mean NO EXTRA paperwork with having Stamping in the PP until 2023???

NOTE: Presuming Clock ticking OFF/ON doesn't matter for one with I-140 Approved since there is No set limit of No. of Years.

 

[DavehM]

Do I need to disclose filing an I140 petition (it still is pending) during my Canadian PR application through express entry?

 

[harirajmohan]

Do I need to disclose filing an I140 petition (it still is pending) during my Canadian PR application through express entry?

140 does not give immigrant status hence you should not.

 

[funloving]

I am in the similar situation. No exactly the same, actually may be reverse

I have been on H1B for total of 7 years and I had my I-140 approved (in 2012). But then I left the company and the US in 2015. Now, I am working in Canada but I have an employer interested in my candidacy in the US, They have asked me to find out the H1 situation. I have my H1B visa's 2 years remaining (the stamped H1B expired date is September 2017). Will I be considered as exempt from H1B cap and can I apply any time during the year or will I have be in April 1 date?

 

[harirajmohan]

I am in the similar situation. No exactly the same, actually may be reverse

I have been on H1B for total of 7 years and I had my I-140 approved (in 2012). But then I left the company and the US in 2015. Now, I am working in Canada but I have an employer interested in my candidacy in the US, They have asked me to find out the H1 situation. I have my H1B visa's 2 years remaining (the stamped H1B expired date is September 2017). Will I be considered as exempt from H1B cap and can I apply any time during the year or will I have be in April 1 date?

can transfer anytime after 140.
https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/
Other people's experience: https://www.trackitt.com/usa-discussion-forums/h1b/1859141113/h1-transfer-what-if-approved-i-140-is-revoked-by-my-current-employer

 

[Concord78]

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!

Hello, I realize this is an old post. But I am considering moving to Canada for the exact same reason. Just curious if you went through the process and were able to do L1A after a year? Would love to hear your success story.

 

[Nick1233]

Hello, I realize this is an old post. But I am considering moving to Canada for the exact same reason. Just curious if you went through the process and were able to do L1A after a year? Would love to hear your success story.

Not a time for all these shenanigans. EB1 dates too are backlogged for India. In these uncertain times, pick a clear and available option and go from there. Check other threads, 30+ year olds can't even get an invitation to apply for a PR.

 

[Concord78]

Not a time for all these shenanigans. EB1 dates too are backlogged for India. In these uncertain times, pick a clear and available option and go from there. Check other threads, 30+ year olds can't even get an invitation to apply for a PR.

Thanks, my question was for the original poster. My situation is different. I hear what you are saying, but doesn't apply to me.

 

[rthtor]

Here's what no one has asked so far.
Let's say I have an approved and valid i-140 and have been working in Canada for the last 2 years with a Canadian employer. This makes sure that I can reapply for a Canadian PR extension.
If I want to come back to the US and work for a US employer, I will first need to be present in the US to interview for said US employer.
How do I do that? Under what status do I enter the US for this interview?
My H1B was revoked the day I quit my previous US employer.