Moving to Canada from USA with Approved I140

[destornillador]

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

I think you just need the I140 scanned copy. No employer will provide the original I140 to the employee. You can also have the labor certification copy, but I don't think it's required. As a new employer will need to file the labor anyway to process your GC application in the future. They will only the I140 approval notice copy to retain your PD.
If you rejoin the same employer, I think they can continue the process from I140 forward, if your PD is current at the time.

 

[cpatolia]

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

Just take a soft copy of approved I-140...just in case if you ever want to use this PD in future...
Not to disappoint u, but if rules stays same as it is right now, then PD of 2018 is useless (assuming u r from India or China)

 

[destornillador]

Just take a soft copy of approved I-140...just in case if you ever want to use this PD in future...
Not to disappoint u, but if rules stays same as it is right now, then PD of 2018 is useless (assuming u r from India or China)

That's right, unless HR1044/S386 becomes law, any priority date after 2012 is useless in this lifetime for most people born in India. For China, it's not as bad, I think they have 2015 going on right now, vs 2009 (EB2) and 2006 (EB3) for India.

 

[ripster85]

This is the reason i am moving back to Canada. Had my PR since 2011 but opted to stay in US. Priority date in dec 2012, going to go to Canada and travel from there for work(i am consultant), Will spend as much time as it takes to get Canadian passport and move back to US. I am 100% no greencard by then. But if i do this i will have canadian passport and hope of US GC in next 4-5 yrs.

 

[justinline]

This is the reason i am moving back to Canada. Had my PR since 2011 but opted to stay in US. Priority date in dec 2012, going to go to Canada and travel from there for work(i am consultant), Will spend as much time as it takes to get Canadian passport and move back to US. I am 100% no greencard by then. But if i do this i will have canadian passport and hope of US GC in next 4-5 yrs.

Hmmm.....do you really think Dec 2012 will be current in next 4-5 years. I think you are way too optimistic. Any how..... umeed pe dunya kayam hai.....

 

[ripster85]

Hmmm.....do you really think Dec 2012 will be current in next 4-5 years. I think you are way too optimistic. Any how..... umeed pe dunya kayam hai.....

Oh sorry, i should have worded it right. I have 0 hope of it becoming current even in 8 years lol...what i wanted to say is that once i get back in 4-5 years , I will have my Canadian Passport and still be working in US on H1b with a "hope" of green card after that..atleast i ll have Canadian citizenship to fall back on and dsnt matter if american green card takes 10-15 year from that time lol......Umeed is very low actually ......

 

[Samoinp]

Oh sorry, i should have worded it right. I have 0 hope of it becoming current even in 8 years lol...what i wanted to say is that once i get back in 4-5 years , I will have my Canadian Passport and still be working in US on H1b with a "hope" of green card after that..atleast i ll have Canadian citizenship to fall back on and dsnt matter if american green card takes 10-15 year from that time lol......Umeed is very low actually ......

 

[justinline]

Oh sorry, i should have worded it right. I have 0 hope of it becoming current even in 8 years lol...what i wanted to say is that once i get back in 4-5 years , I will have my Canadian Passport and still be working in US on H1b with a "hope" of green card after that..atleast i ll have Canadian citizenship to fall back on and dsnt matter if american green card takes 10-15 year from that time lol......Umeed is very low actually ......

That is good plan.....nothing like having a job and moving to Canada, and nice to have US option open as well to come back to US on h1b.

 

[justinline]

Ha ha ha funny one....but don't you think this is something people signed in to or consciously made a decision to remain part of. Terms of engagement are clear....it's up to you to decide.

 

[Samoinp]

Ha ha ha funny one....but don't you think this is something people signed in to or consciously made a decision to remain part of. Terms of engagement are clear....it's up to you to decide.

Op reminds of that video. Op had PR in 2011, going back and forth between US and Canada, making plans based on future Canadian citizenship and willing to wait another 10+ years for US GC. For some, you give them a billion dollars, they would still pursue US GC.

 

[justinline]

This is the reason i am moving back to Canada. Had my PR since 2011 but opted to stay in US. Priority date in dec 2012, going to go to Canada and travel from there for work(i am consultant), Will spend as much time as it takes to get Canadian passport and move back to US. I am 100% no greencard by then. But if i do this i will have canadian passport and hope of US GC in next 4-5 yrs.

I dint read carefully your situation earlier. So are you applying for PR renewal or applying fresh application for PR or applying for citizenship?
If you are applying for fresh application for PR after having PR already in 2011 what's the process? If you are applying for renewal how easy was it maintain residency requirements?
I have case might ressemble yours...... So the couple lives in Niagara falls, husband regularly travels kind of Monday-Thursday. Sometimes travels lot more than , what would be allowed to qualify for citizenship or even PR renewal. His wife and kids would eventually qualify for citizenship but I don't think he will. What happens in this case, can the wife again sponsor him for PR once she gets her citizenship. What options are open for the guy? Any one has idea on spousal sponsorship for someone who already has PR but would not qualify for renewal on his own.

 

[21Goose]

I dint read carefully your situation earlier. So are you applying for PR renewal or applying fresh application for PR or applying for citizenship?
If you are applying for fresh application for PR after having PR already in 2011 what's the process? If you are applying for renewal how easy was it maintain residency requirements?
I have case might ressemble yours...... So the couple lives in Niagara falls, husband regularly travels kind of Monday-Thursday. Sometimes travels lot more than , what would be allowed to qualify for citizenship or even PR renewal. His wife and kids would eventually qualify for citizenship but I don't think he will. What happens in this case, can the wife again sponsor him for PR once she gets her citizenship. What options are open for the guy? Any one has idea on spousal sponsorship for someone who already has PR but would not qualify for renewal on his own.

Qualification for PR = 730 days of actual physical presence in past five years. Any part of a day spent in Canada counts as a full day (so if you leave at 6 AM and return next day at 6 PM, both days will count. Mon-Thu would probably mean that Mon and Thu would count, but Tue-Wed won't.

Citizenship - 1095 days as a PR in the past five years. Same rules apply.

If he doesn't meet RO, his PR can be cancelled and his wife can then sponsor him .. but the issue is bound to reoccur if he keeps travelling.

I can totally understand someone doing this for a year or two or three while they get established in Canada, but if the plan is to basically live out the entire career trying to do this.. probably not a good idea.

Still, if it's only two days a week that he's out of Canada, it's easy enough to meet RO in the five year period.

 

[justinline]

Qualification for PR = 730 days of actual physical presence in past five years. Any part of a day spent in Canada counts as a full day (so if you leave at 6 AM and return next day at 6 PM, both days will count. Mon-Thu would probably mean that Mon and Thu would count, but Tue-Wed won't.

Citizenship - 1095 days as a PR in the past five years. Same rules apply.

If he doesn't meet RO, his PR can be cancelled and his wife can then sponsor him .. but the issue is bound to reoccur if he keeps travelling.

I can totally understand someone doing this for a year or two or three while they get established in Canada, but if the plan is to basically live out the entire career trying to do this.. probably not a good idea.

Still, if it's only two days a week that he's out of Canada, it's easy enough to meet RO in the five year period.

One mistake they made is wait over one and half year to move. Well that happens when you are strung along and you feel your priority date will soon be there..
.....one bulletin after another and time just flies by. He was expecting at least EB3 will make a good move but went only as far as 01 Apr 2010 for filling, month short of his priority date. I don't think now EB3 will move beyond that for next 3-4 years. And EB2 is moving 3-4 days each bulletin.
For now he travelling every week, next project he can travel only alternate weeks. Now in in 3.5 years remaining he needs to stay 2 years. With all this travelling it will only be tough. Anyhow people do their analysis and make their decisions.

 

[21Goose]

One mistake they made is wait over one and half year to move. Well that happens when you are strung along and you feel your priority date will soon be there..
.....one bulletin after another and time just flies by. He was expecting at least EB3 will make a good move but went only as far as 01 Apr 2010 for filling, month short of his priority date. I don't think now EB3 will move beyond that for next 3-4 years. And EB2 is moving 3-4 days each bulletin.
For now he travelling every week, next project he can travel only alternate weeks. Now in in 3.5 years remaining he needs to stay 2 years. With all this travelling it will only be tough. Anyhow people do their analysis and make their decisions.

Exactly. He has to make his decision. If I was him, I'd be looking for a job in Canada while I continued to work for this US company.

 

[DontHassle]

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.