Moving to Canada with i140 approved

[khaleelulashs]

Hi,

I wanted some insights on my case
I am currently on my H1 visa working for a company is the US. My employer has agreed to apply for my Green card and process my I140. At the same time I have my cannada PR process going on. I plan to proceed with my i140 and upon approval move to Canada with the same company for 3 years. I will move to Canada with the same employer with just location change.

My questions are:

1. Can I apply for my i140, get approval and move to Canada?
2. What happens to my H1 while I am living in Canada on my PR. Can I still extend it? My H1 expires in 2021, so can I apply for an extension even though I am not living in the US?
4. My employer has agreed to move me to the Canada office and work from there, so after 3 years can I still come back and pursue my green card?
5. Does Canadian citizenship help move my GC wait time.

Any responses will help me decide. Thank you

 

[harirajmohan]

1. Can I apply for my i140, get approval and move to Canada?
2. What happens to my H1 while I am living in Canada on my PR. Can I still extend it? My H1 expires in 2021, so can I apply for an extension even though I am not living in the US?
4. My employer has agreed to move me to the Canada office and work from there, so after 3 years can I still come back and pursue my green card?
5. Does Canadian citizenship help move my GC wait time.

1. Staying in US is not a requirement for filing/approving 140.
2. Status expires if you dont reenter US within 30 days of stay in Canada. You can apply only if you have remaining H1 period of first 6 years or you should have 140 approved.
4. US immigration is nothing to do with Canadian status or being outside of US. People land in US with immigration visa without being in US prior to that period.
5. No.

 

[ryeCatcher]

1. Staying in US is not a requirement for filing/approving 140.
2. Status expires if you dont reenter US within 30 days of stay in Canada. You can apply only if you have remaining H1 period of first 6 years or you should have 140 approved.
4. US immigration is nothing to do with Canadian status or being outside of US. People land in US with immigration visa without being in US prior to that period.
5. No.

Could you shed some more light on point #2. So if one is stuck waiting for H1B stamping appointment in Canada, they cannot wait for more than 30 days?

 

[harirajmohan]

Could you shed some more light on point #2. So if one is stuck waiting for H1B stamping appointment in Canada, they cannot wait for more than 30 days?

1. 30 day reentry rule is only if one uses AVR(existing I94).
2. If one attends the interview then the status expires on the same day of interview and one should wait till visa is issued. #1 is not applicable for visa stamping situation.
https://help.cbp.gov/s/article/Article-1218?language=en_US

 

[ryeCatcher]

1. 30 day reentry rule is only if one uses AVR(existing I94).
2. If one attends the interview then the status expires on the same day of interview and one should wait till visa is issued. #1 is not applicable for visa stamping situation.
https://help.cbp.gov/s/article/Article-1218?language=en_US

Thanks yes, 30 days for AVR makes sense.

But what if I am waiting for interview, can I continue to work from Canada for > 30 days? Basically I am worried that there is a limit on how long I can work from Canada and maintain my H1B status. I could not find an answer to that online.

 

[harirajmohan]

Thanks yes, 30 days for AVR makes sense.

But what if I am waiting for interview, can I continue to work from Canada for > 30 days? Basically I am worried that there is a limit on how long I can work from Canada and maintain my H1B status. I could not find an answer to that online.

Border doesnt know/check if you are waiting for interview yet... So you can still travel...
I have been travelling during the days between the date i book for interview and the actual interview date. For 2 times its same case as i travel daily hence i cant take leave for a month/two. Also many even cancel the interview for many reasons. So you should be fine to travel before your interview date.