Moving to Canada from USA with Approved I140

[destornillador]

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.

>I'm told that my GC process will be cancelled once I apply for Canadian Citizenship. Is this correct ?
This is BS. These are 2 separate countries with 2 different immigration processes. You can get US PR and Canadian citizenship in parallel. To maintain the US PR you would need to enter the US and maintain residence in the US, either country's citizenship has no such requirement.
> 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.
Refer above answer.
> 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.
You can apply for Canadian citizenship and just leave for the US, the application processing does not require you to maintain residence, but check the specifics with a lawyer, cause you need to maintain PR to return back for the oath. Curious question though, since you have a PD and hence I140, what exactly did you 'max out' in the US?

 

[ksha3yaa]

>I'm told that my GC process will be cancelled once I apply for Canadian Citizenship. Is this correct ?
This is BS. These are 2 separate countries with 2 different immigration processes. You can get US PR and Canadian citizenship in parallel. To maintain the US PR you would need to enter the US and maintain residence in the US, either country's citizenship has no such requirement.
> 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.
Refer above answer.
> 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.
You can apply for Canadian citizenship and just leave for the US, the application processing does not require you to maintain residence, but check the specifics with a lawyer, cause you need to maintain PR to return back for the oath. Curious question though, since you have a PD and hence I140, what exactly did you 'max out' in the US?

* I maxed out on L1. Yeah I could have extended if I was on H1.
* Glad to know that my US GC process can continue even if I become Canadian citizen. I'm planning to apply for Canadian citizenship and only reach out to employer for a US visa when my priority date becomes current. This would give me adequate time to get Canadian citizenship at same time, keep GC hopes alive.
Appreciate your insight. There's lot of theories floating around and employers don't usually help us with answers even though they have highly paid attorneys.

 

[CANPR12]

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.

Where did you read or who advised you that the GC process would be cancelled once you apply for Canadian Citizenship?

 

[adi92]

Hi,

I recently moved to Canada as a Permanent Resident. I have a H1B and i140 approved with my old employer.
I switched to a new employer in Canada.

I still have friends and family in the U.S. and plan to apply for a B1/B2. What are the chances of approval/rejection since I have an i140.
My current Canadian employer also has offices in the U.S. which I might need to visit.
Should I apply for a B1/B2 or wait out for few years, as I hope to move to the U.S. in 4-5 years.

I do want to keep the option open to move back to the U.S. in a few years. So what are the right steps to take here. Is applying for a b1/b2 risky?

Thanks!

 

[destornillador]

Hi,

I recently moved to Canada as a Permanent Resident. I have a H1B and i140 approved with my old employer.
I switched to a new employer in Canada.

I still have friends and family in the U.S. and plan to apply for a B1/B2. What are the chances of approval/rejection since I have an i140.
My current Canadian employer also has offices in the U.S. which I might need to visit.
Should I apply for a B1/B2 or wait out for few years, as I hope to move to the U.S. in 4-5 years.

I do want to keep the option open to move back to the U.S. in a few years. So what are the right steps to take here. Is applying for a b1/b2 risky?

Thanks!

There is no risk, because you've abandoned the I140 as you're no longer with that employer. There is a wait time of 6+ months in all consulates in Canada to get an appointment for the US visa though.

 

[ca548]

Hello Folks,

My i140 was approved exactly a year ago in August 2018. I've been with the same employer after that and now I am moving to Canada during the month of September 2019. My payroll with the US employer that approved my I140 has been active for over 365 days now and I've been receiving pay checks from them for the past one year. I am serving my notice period with the US employer right now and I will be joining a different employer in Canada.

Could you please let me know if there are any specific i140 or Perm related documents that I need to request from my US employer before I move out of the US company and the US? .The reason I am asking is that I'd definitely like to have the possibility to come back to the US available , after I receive my Canadian citizenship. So in order for me to apply for H1 B again with a different employer ,I'd like to know what kind of I140 related documents would I need to present to them when I plan on returning to the US after becoming a Canadian citizen.

I've a copy of the approved I140 document ( It's just one page ) with me and my subsequent H1B approval notice also has the A number printed on it.

Is there anything else I need to get from my US employer before my exit from the company?

Looking forward to your valuable responses.

Thanks & Regards
Joshua

Can u confirm whether you got the copy of your original I-797 or I-797C of your I140?

 

[destornillador]

Can u confirm whether you got the copy of your original I-797 or I-797C of your I140?

You don't need the original (This is employer's property anywyay) or even the copy (though it's definitely nice to have a copy). Just the receipt number is enough for H1B renewal and PD recapture.

 

[Takita]

There is no risk, because you've abandoned the I140 as you're no longer with that employer. There is a wait time of 6+ months in all consulates in Canada to get an appointment for the US visa though.

My case looks similar to OP.

I moved on intra company transfer work permit to Canada in Jul 2021. I'm hoping to get an ITA once I complete 1year in Jul 2022 with boost in my CRS score with additional points for 1yr Canada experience.

I have an approved I140 with same employer in US.

Since I live close to US border where I have my friends living. I'm interested in applying B2 visitor visa.

What are my chances of approval? should I wait until I get PR to show I'm PERMANENTLY settled in Canada? Does having active I140 in US and/or work permit in Canada have any implications on B2 visa approval? TIA.