US GC(I 140) Petition after getting Canadian Citizenship

[Aniel77]

Hi All,

Really appreciate if mates here could throw some insight into my situation.

I am on H1B Visa living and working in the US for the last 8 years got my I140 approved(priority Date Nov 2018). As getting the GC may take forever, decided to move to Canada on PR.
My employer won't revoke my GC Petition. After 3 years on Canada PR and finally getting the Citizenship, Will I still be able to keep my H1B?
I am skeptical becuz H1B required Indian Passport either for H1B Extension or for Entry to USA on H1b Visa(India Passport + I797 form).

Please share any information on this.

Thanks,
Aniel.

 

[harirajmohan]

1. After 3 years on Canada PR and finally getting the Citizenship, Will I still be able to keep my H1B?
2. I am skeptical becuz H1B required Indian Passport either for H1B Extension or for Entry to USA on H1b Visa(India Passport + I797 form).

1. Yes, your employer will be able to file for new H1 approval which is quota exempt due to approved 140.
2. H1 document or 140 is not tied with citizenship/passport. We give passport copy while filing H1 just because uscis just expects the candidate to have a travel document in place to make use of H1, nothing much.

People on transition(from Indian to Canadian - whoever works continuously commute and maintain H1 status) themselves dont face this issue as once they get canadian passport they just use new passport to seek admission to US during next day commute based on the the H1 approved while one had Indian passport. So this is non issue and you are not the first one to encounter. its not new thing specific to your case.

US wants some valid travel document(passport) to enter US, not need to have same passport which was used while filing H1.

 

[Scalphunter]

I'm currently doing the same thing. My I-140 has been approved since November 2016 and my priority date is April 2016 in EB2. I'll be moving to Canada on PR and, once I'm a Canadian, maybe come back down on TN. Once the GC date becomes current, I'll apply and get the GC and then fulfill the RO for US citizenship, ending up as a dual citizen.

 

[Aniel77]

I'm currently doing the same thing. My I-140 has been approved since November 2016 and my priority date is April 2016 in EB2. I'll be moving to Canada on PR and, once I'm a Canadian, maybe come back down on TN. Once the GC date becomes current, I'll apply and get the GC and then fulfill the RO for US citizenship, ending up as a dual citizen.

Thanks for your response.

Though the process of obtaining TN visa is not hectic, the approval is not 100%. Also, the motto of TN visa is only to Work and intent to Immigrate is not entertained. As i140 is approved we can extend or reinitiate H1B visa(I think) and enter US while Priority Date becomes Current.
What do you think?

 

[Scalphunter]

Thanks for your response.

Though the process of obtaining TN visa is not hectic, the approval is not 100%. Also, the motto of TN visa is only to Work and intent to Immigrate is not entertained. As i140 is approved we can extend or reinitiate H1B visa(I think) and enter US while Priority Date becomes Current.
What do you think?

No visa has a 100% chance of approval, but at least the TN doesn't have amendments, which will benefit someone like me who works at third party sites. The 'intent to immigrate' only comes into play if you apply for your 485 within 90 days or something similar after entering on a TN. After that, it shouldn't matter. The only thing you have to do is not announce it when entering. You're entering on a TN with the intent to work temporarily for your US employer, similar to the H-1B. You could end up marrying a US citizen and get a GC that way. It wouldn't be illegal to do so, but you can't go ask for a TN visa and say your aim is to enter the US to marry someone and get the GC.

 

[Aniel77]

No visa has a 100% chance of approval, but at least the TN doesn't have amendments, which will benefit someone like me who works at third party sites. The 'intent to immigrate' only comes into play if you apply for your 485 within 90 days or something similar after entering on a TN. After that, it shouldn't matter. The only thing you have to do is not announce it when entering. You're entering on a TN with the intent to work temporarily for your US employer, similar to the H-1B. You could end up marrying a US citizen and get a GC that way. It wouldn't be illegal to do so, but you can't go ask for a TN visa and say your aim is to enter the US to marry someone and get the GC.

Any idea if US-based Employer can(able) to mess(Revoke/suspend) with our GC Petitions? Just in case.

 

[Scalphunter]

Any idea if US-based Employer can(able) to mess(Revoke/suspend) with our GC Petitions? Just in case.

They can, but if you've had your I-140 approved for more than 180 days with your employer, your place in line is secured. Your new US employer can start your GC process again from scratch but you'll maintain your priority date.

 

[Aniel77]

They can, but if you've had your I-140 approved for more than 180 days with your employer, your place in line is secured. Your new US employer can start your GC process again from scratch but you'll maintain your priority date.

Thanks a bunch. You are really helpful.

 

[Scalphunter]

Thanks a bunch. You are really helpful.

You're welcome!

 

[Z86]

I'm currently doing the same thing. My I-140 has been approved since November 2016 and my priority date is April 2016 in EB2. I'll be moving to Canada on PR and, once I'm a Canadian, maybe come back down on TN. Once the GC date becomes current, I'll apply and get the GC and then fulfill the RO for US citizenship, ending up as a dual citizen.

When the GC date becomes current you will have to apply under the same level and an employer should be willing to sponsor you right? Again the process starts from H1B petition, PERM, I140 portability or straight away you can file 485?

 

[Scalphunter]

When the GC date becomes current you will have to apply under the same level and an employer should be willing to sponsor you right? Again the process starts from H1B petition, PERM, I140 portability or straight away you can file 485?

You don't have to start the entire process all over again if your employer doesn't rescind your existing application. If you join a different employer then the new employer has to start the process from PERM again but you'll retain the priority date. In that case, you'll have to go to an H-1B first.

 

[Z86]

You don't have to start the entire process all over again if your employer doesn't rescind your existing application. If you join a different employer then the new employer has to start the process from PERM again but you'll retain the priority date. In that case, you'll have to go to an H-1B first.

The only caveat being that if you will be able to apply for new H1B, get PERM , port I140 priority date, get I485 all under the same role in which you had initially obtained your first I-140.

 

[Scalphunter]

The only caveat being that if you will be able to apply for new H1B, get PERM , port I140 priority date, get I485 all under the same role in which you had initially obtained your first I-140.

Yeah, but in my case, my Canadian employer is almost certainly gonna be the Canadian branch of my current US employer, so they won't be rescinding my GC application. The US GC processing will continue in parallel for me.

 

[winterisnotcoming]

I know this is an old post, but curios if you @Scalphunter did go back to the US on a TN visa? Or got any new ideas.
I know the PD is not current (we have similar PD). I am getting the Canadian citizenship and I believe I140 and PD will remain active.

The 'intent to immigrate' only comes into play if you apply for your 485 within 90 days or something similar after entering on a TN. After that, it shouldn't matter. The only thing you have to do is not announce it when entering.