Moving to Canada from USA with Approved I140

[harirajmohan]

I am on H1B visa in USA and my GC process just started. I also hold an Canadian PR with close to 2.5yrs validity. Now I am in a dilemma which one to choose as I might loose my PR status if I didn't stay for minimum of 2yrs in Canada.

Can someone please suggest?

Read more to decide: https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-life-vs-moving-to-canada-experience-sharing.617042/

We forget to plan for long term and take action for long term instead we waste time and money and energy just for the satisfaction of short term.
Till certain stage(40z or till kids reach teens/college), many would wait and then later realize that things are same as decade ago and then worry on things losing/lost.

So you have to decide if you want to wait for the usual culprit (gc) or not.

 

[destornillador]

I am on H1B visa in USA and my GC process just started. I also hold an Canadian PR with close to 2.5yrs validity. Now I am in a dilemma which one to choose as I might loose my PR status if I didn't stay for minimum of 2yrs in Canada.

Can someone please suggest?

This is a personal decision, and there is no right or wrong in choosing either. I had a priority date of April 2014 when I left in February 2019. I do not regret my decision and my priority date is still not current despite the unexpected movement due to Covid. Even if the priority date was current, I would need another 1 to 3 years to get the green card (Check i485 processing times). Here, I will be applying for Canadian citizenship next year, and might consider moving back to the US after that. But it depends on other factors as well.
I do not think twice before changing employers here, as there are no restrictions. The salaries have gone up due to US companies competing for remote talent. Though, the cost of living is much higher than say living in mid-west US (but lower than bay area).

You can't keep both doors open for eternity. It does not work like that.

 

[absi]

This is a personal decision, and there is no right or wrong in choosing either. I had a priority date of April 2014 when I left in February 2019. I do not regret my decision and my priority date is still not current despite the unexpected movement due to Covid. Even if the priority date was current, I would need another 1 to 3 years to get the green card (Check i485 processing times). Here, I will be applying for Canadian citizenship next year, and might consider moving back to the US after that. But it depends on other factors as well.
I do not think twice before changing employers here, as there are no restrictions. The salaries have gone up due to US companies competing for remote talent. Though, the cost of living is much higher than say living in mid-west US (but lower than bay area).

You can't keep both doors open for eternity. It does not work like that.

Thanks for sharing. Amazing answer. If people can't decide after this, they will be in a confused state forever.

 

[iamnavaneeth]

Hi friends, am posting my situation to get some different ideas you people may have.
My priority date is Dec 22, 2011 and my current H1 is valid ill 2024. We have our Canada CoPR expiring on Oct 1st 2021.
The last visa bulleting (Sept 2021) final action dates moved to September 2011.
Now, I'm in a very confused state. Should I assume that my PD wont move, so should I go ahead with settling in Canada or stay back in the US hoping that by Nov visa bulletin my PD Final Action Date will become current?

 

[destornillador]

Hi friends, am posting my situation to get some different ideas you people may have.
My priority date is Dec 22, 2011 and my current H1 is valid ill 2024. We have our Canada CoPR expiring on Oct 1st 2021.
The last visa bulleting (Sept 2021) final action dates moved to September 2011.
Now, I'm in a very confused state. Should I assume that my PD wont move, so should I go ahead with settling in Canada or stay back in the US hoping that by Nov visa bulletin my PD Final Action Date will become current?

Please see the previous replies. It's a personal decision that nobody can make on your behalf. You can just come and activate the CoPR and leave. This gives you another 3 years from landing date to make the decision. Also, why don't you just downgrade to EB3 and file i485?

 

[iamnavaneeth]

Please see the previous replies. It's a personal decision that nobody can make on your behalf. You can just come and activate the CoPR and leave. This gives you another 3 years from landing date to make the decision. Also, why don't you just downgrade to EB3 and file i485?

Thank you! Yeah I understand it is a personal decision, but just wanted to get some insights or suggestions you all might have which can help me in making a personal decision. Doing a soft landing now is another alternative I have in my list. Since my PD is very close by, downgrading is not advisable as per my company legal department.

 

[swan0206]

Thank you! Yeah I understand it is a personal decision, but just wanted to get some insights or suggestions you all might have which can help me in making a personal decision. Doing a soft landing now is another alternative I have in my list. Since my PD is very close by, downgrading is not advisable as per my company legal department.

As @destornillador mentioned, best thing now to do is soft land and wait as you will still have 3years to make the decision. You should be hearing some great news by end of this year. Good luck.

 

[Samoinp]

Thank you! Yeah I understand it is a personal decision, but just wanted to get some insights or suggestions you all might have which can help me in making a personal decision. Doing a soft landing now is another alternative I have in my list. Since my PD is very close by, downgrading is not advisable as per my company legal department.

>> Since my PD is very close by, downgrading is not advisable as per my company legal department.

Calling BS on this. They probably are just trying to save money and possibily delay your EAD as much as possible. A downgrade doesn't have any impact on your EB2 application. It will be like two independent applications and it just increases your odd. Seems like a classic H1 exploitation.

 

[destornillador]

Thank you! Yeah I understand it is a personal decision, but just wanted to get some insights or suggestions you all might have which can help me in making a personal decision. Doing a soft landing now is another alternative I have in my list. Since my PD is very close by, downgrading is not advisable as per my company legal department.

As someone else said, your company might be taking advantage of your bonded labor with them here. EB3 I140 is a separate application without affecting EB2 I140, essentially keeping you in both queues, whichever comes first. On a side note, this is the reason I left the US. The employers are well aware of all tactics to keep the bonded labor in check.

 

[iamnavaneeth]

Thank you all!!!

 

[chits.krishnan22]

Hey everyone,

Anyone here who actually moved to US after getting Canadian citizenship with their previous I-140 and going through GC process again (Priority date somehere around early 2014)? I know we have discussions going around here assessing various options, but did someone actually did it or going through the same? Just curious to know.
Good day all!

 

[Vicky11]

Hello All,

I have an approved I-140 and I797 validity expiring in 2024. If I quit my current job and my employer revokes the H1b visa sponsorship, I have some questions on H1b visa in future -
1. Basic question is would I still be able to come back to the US and work on H1b with a new employer ? Do I have to go through the lottery selection process again to get an H1b visa? If not, how does this work ?
2. Would I be able to use the4 left time on I797 i.e. time between now and 2024 (around 2 years) anytime with a new employer in future ? Please note I have used my initial 6 years of H1b and current H1b extension is based on approved I-140.
3. Can employers revoke I-140 petitions in the future after I quit my job now ?

Please respond, thanks

 

[swan0206]

Hello All,

I have an approved I-140 and I797 validity expiring in 2024. If I quit my current job and my employer revokes the H1b visa sponsorship, I have some questions on H1b visa in future -
1. Basic question is would I still be able to come back to the US and work on H1b with a new employer ? Do I have to go through the lottery selection process again to get an H1b visa? If not, how does this work ?
2. Would I be able to use the4 left time on I797 i.e. time between now and 2024 (around 2 years) anytime with a new employer in future ? Please note I have used my initial 6 years of H1b and current H1b extension is based on approved I-140.
3. Can employers revoke I-140 petitions in the future after I quit my job now ?

Please respond, thanks

1. Yes. You need not go through lottery process again.
2. Once you have you approved i140, theres no left over. You can always get 3years whenever you want to come back with new employer/existing employer.
3. No, they cannot revoke your i140 unless theres fraud/mis representation of your identity. After 180 days, they only can withdraw i140 which most of the employers do when employees leave the company.

Hope its been 180 days that you have your i140 approved!

 

[destornillador]

Hello All,

I have an approved I-140 and I797 validity expiring in 2024. If I quit my current job and my employer revokes the H1b visa sponsorship, I have some questions on H1b visa in future -
1. Basic question is would I still be able to come back to the US and work on H1b with a new employer ? Do I have to go through the lottery selection process again to get an H1b visa? If not, how does this work ?
2. Would I be able to use the4 left time on I797 i.e. time between now and 2024 (around 2 years) anytime with a new employer in future ? Please note I have used my initial 6 years of H1b and current H1b extension is based on approved I-140.
3. Can employers revoke I-140 petitions in the future after I quit my job now ?

Please respond, thanks

1. No, since you've an approved I140 beyond 6 months. It would work like how existing H1B "transfers" work within US. The company files PERM and then goes through the other H1B application related forms, not lottery.
2. Approved I140 entitles you to unlimited 3 year extensions, until your PD is current.
3. They can't revoke but can only withdraw. And most employers don't go through this hassle either. Either way, you need to keep your PD for life, even if it becomes current while you're outside the US.

 

[ksha3yaa]

Please can you help clarify ?
1. I have approved I140 with priority date as Dec-2013. It would be current only in couple of months.
2. I'm eligible for to apply for Canadian citizenship.
> I'm told that my GC process will be cancelled once I apply for Canadian Citizenship. Is this correct ?
> Are there any possibilities of continuing with US GC , even after applying for Canadian citizenship ? I don't have a US visa but my employer (if I stay with them) may be able to apply for visa when priority date is current.
> Basically I have experienced the struggle of maintaining visa in US and had moved to Canada after max out. Now I'm in a place where I have option to choose. I don't want to make a choice that would place me in the same situation again and then I cannot get Canadian citizenship as well, due to the pr requirements.
Appreciate some insights from your research if you have any.