Moving to Canada from USA with Approved I140

[CANPR12]

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!

 

[ustocanada49]

I am in same situation as yours. My priority date is in 2013 though. Posting this message just to follow the thread

 

[DEEPCUR]

Only your priority date will be retained. If you quit your employer who sponsored your i140, and want to move back with different employer, then you need to redo who GC process from scratch but would keep the priority date.

If your dates get current for any reason while you are still a pr in Canada, and if you have moved out of your last US employer for whom i140 was tied, then you'll miss the bus. You need to file i485 within a year of date becoming current unless there is a retrogression.

 

[CANPR12]

Only your priority date will be retained. If you quit your employer who sponsored your i140, and want to move back with different employer, then you need to redo who GC process from scratch but would keep the priority date.

If your dates get current for any reason while you are still a pr in Canada, and if you have moved out of your last US employer for whom i140 was tied, then you'll miss the bus. You need to file i485 within a year of date becoming current unless there is a retrogression.

I did not know that we have to file I485 within a year of the date becoming current. Thanks for the info. I realize I might miss the bus but it appears that the bus has not moved beyond 2009 since almost 5 years, worse it gone back to 2008 (EB2). Given this I am guessing by the time 2012 is current its going to be be past 2020 - 2021

 

[CANPR12]

I am in same situation as yours. My priority date is in 2013 though. Posting this message just to follow the thread

My best guess assuming you are EB2 , your priority date would be current some time in 2022-2023. In the mean time if you can make it to Canada and find a decent job you stick there for 3 years and then voolaaaa! There's your Canadian passport!

 

[DEEPCUR]

I did not know that we have to file I485 within a year of the date becoming current. Thanks for the info. I realize I might miss the bus but it appears that the bus has not moved beyond 2009 since almost 5 years, worse it gone back to 2008 (EB2). Given this I am guessing by the time 2012 is current its going to be be past 2020 - 2021

Yeah dates won't move for sure. That's a less likely scenario.

Another less likely scenario is filing dates becoming current which lets you file 485. Anyways 485 filing without Gc is another pain in the ass. One gets ead, but everything associated with instability would still exist.

 

[CANPR12]

I have seen friends who have filed for I485 and were given EADs. Latter the dates retrogressed and now they have been stuck with an EAD for over 2 years. Very tricky situation its like you are stuck in between a rock and a wall. I'd say given the fact that we can hang on to our priority date and I140 is valid its a better idea ( in case if you want to come back to US) to come back after the dates are current.

 

[CanadianAspirant]

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!

I am not immigration expert, just collected information from here and there to answer your questions precisely:

Answer 1: Your I-140 will be intact. You can use the same priority date either with filing employer or different employer in future. I assume that you're not planning to say out of US more then 6 years as you can get get citizenship in 3 years. So your employer can file H1B exempt from the cap and continue with wait to US GC. If you stay out of US more than 6 years then you can't use this option.

Answer 2: Yes, if employer is willing, but its not advisable as increases the risk of denial as this process involves interview with counselor.

Answer 3: Please refer to my answer 1st.

 

[CANPR12]

I am not immigration expert, just collected information from here and there to answer your questions precisely:

Answer 1: Your I-140 will be intact. You can use the same priority date either with filing employer or different employer in future. I assume that you're not planning to say out of US more then 6 years as you can get get citizenship in 3 years. So your employer can file H1B exempt from the cap and continue with wait to US GC. If you stay out of US more than 6 years then you can't use this option.

Answer 2: Yes, if employer is willing, but its not advisable as increases the risk of denial as this process involves interview with counselor.

Answer 3: Please refer to my answer 1st.

Thanks! I notice your ID (Canadian Aspirant). So looks like you are also planning to move there... all the best!

 

[jitrulz]

I am not immigration expert, just collected information from here and there to answer your questions precisely:

Answer 1: Your I-140 will be intact. You can use the same priority date either with filing employer or different employer in future. I assume that you're not planning to say out of US more then 6 years as you can get get citizenship in 3 years. So your employer can file H1B exempt from the cap and continue with wait to US GC. If you stay out of US more than 6 years then you can't use this option.

Answer 2: Yes, if employer is willing, but its not advisable as increases the risk of denial as this process involves interview with counselor.

Answer 3: Please refer to my answer 1st.

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?

 

[wolfman2017]

Why not? I know for sure that if you have an approved I-140 you can apply H1b directly without lottery

Btw some food for thought, If you become Canadian citizen, wont the existing US GC application change to reflect your country of citizenship? In that case the processing time should be the one applicable for Canadian citizens which I believe is current for all 3 categories

This is just my theory, would be glad if someone can confirm.

GC application is based on country of birth and not by country of citizenship.

 

[aashay12]

Excerps from the postings,

You can use the same priority date either with filing employer or different employer in future. I assume that you're not planning to say out of US more then 6 years as you can get get citizenship in 3 years. So your employer can file H1B exempt from the cap and continue with wait to US GC. If you stay out of US more than 6 years then you can't use this option.as a follow-up.

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?

Deepcur,
Havent heard anything like this from anyone, nor anyone on H1B, nor on L-1 or my lawyer....Is it true...
Its first time i heard anything like this...

 

[fr72]

Excerps from the postings,

You can use the same priority date either with filing employer or different employer in future. I assume that you're not planning to say out of US more then 6 years as you can get get citizenship in 3 years. So your employer can file H1B exempt from the cap and continue with wait to US GC. If you stay out of US more than 6 years then you can't use this option.as a follow-up.

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?

Deepcur,
Havent heard anything like this from anyone, nor anyone on H1B, nor on L-1 or my lawyer....Is it true...
Its first time i heard anything like this...

Yes, I have also heard this on many forums and I may have seen an official thing somewhere. Basically, you are cap exempt for 6 years since your last I797 approval, no matter where you are.

 

[sukdeep]

Can someone confirm the exact rule: Basically one (who also has approved I140) is CAP Exempt for Six Years since (i) one's departure from USA (assuming one was working on H1B status) before he/she left or (ii) from the last I797 Approval Date?. Which is correct ?? there is difference in both the things...

 

[fr72]

Can someone confirm the exact rule: Basically one (who also has approved I140) is CAP Exempt for Six Years since (i) one's departure from USA (assuming one was working on H1B status) before he/she left or (ii) from the last I797 Approval Date?. Which is correct ?? there is difference in both the things...

2. Last i797 date.