Moving to Canada from USA with Approved I140

[harirajmohan]

seriously,
if the employer is big company they will follow certain rules (like withdrawing H1B, I-140 applications etc , even though USCIS dishonor)

Yes, thats what i too acknowledged as "Some employers have strict policy". I am not sure what the disagreement is.

 

[DreamCanadian]

Yes, thats what i too acknowledged as "Some employers have strict policy". I am not sure what the disagreement is.

you are right, no disagreement here !!

 

[skundu73]

I am working on h1b visa and my priority date (eb2 india 2005) is current. I maxed out 6year h1b long ago. I have approved I140 from an old employer. Current employer is not filing green card. I got a job offer. However, during h1b visa transfer time new company's attorney says that I am not eligible for transfer as my priority date is current. It is devastating and I didn't know of this rule before. Did anyone encounter this problem? Is there any way to circumvent it?

 

[Cubicrootofthee]

I am working on h1b visa and my priority date (eb2 india 2005) is current. I maxed out 6year h1b long ago. I have approved I140 from an old employer. Current employer is not filing green card. I got a job offer. However, during h1b visa transfer time new company's attorney says that I am not eligible for transfer as my priority date is current. It is devastating and I didn't know of this rule before. Did anyone encounter this problem? Is there any way to circumvent it?

I don't think what the company attorney told you is accurate. See below
"If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Filing an H1B extension each year makes the process much more expensive for all concerned."

Source: https://www.murthy.com/2012/03/02/file-h1b-extension-before-priority-date-becomes-current/

 

[skundu73]

I don't think what the company attorney told you is accurate. See below
"If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Filing an H1B extension each year makes the process much more expensive for all concerned."

Source: https://www.murthy.com/2012/03/02/file-h1b-extension-before-priority-date-becomes-current/

I am spending sleepless nights on it as I bought a house here. It seems the rule came into effect (quietly) in January 2017.I only wander that I did not hear others talking about

 

[skundu73]

I don't think what the company attorney told you is accurate. See below
"If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Filing an H1B extension each year makes the process much more expensive for all concerned."

Source: https://www.murthy.com/2012/03/02/file-h1b-extension-before-priority-date-becomes-current/

After some search I see some details in the below link https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/New_Filing_Window_Limits_Availability_of_Yearly_AC21_106_Extensions/

 

[krishere1982]

I don't think what the company attorney told you is accurate. See below
"If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Filing an H1B extension each year makes the process much more expensive for all concerned."

Source: https://www.murthy.com/2012/03/02/file-h1b-extension-before-priority-date-becomes-current/

My friend/colleague's PD is Dec 2008 and the company applied 485-EAD-AP. He got his EAD approved as of now. His H-1B was also expiring in Mar 2019, so extension was applied. H-1B got approved only until Mar 2020. When he checked with the lawyer, she said that H-1B extensions only get approved for a year when the GC PD is current. That seems to be the norm.

 

[Cubicrootofthee]

After some search I see some details in the below link https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/New_Filing_Window_Limits_Availability_of_Yearly_AC21_106_Extensions/

So, this is saying that even the 1 year extension isn't available now?

 

[skundu73]

So, this is saying that even the 1 year extension isn't available now?

Yes that is what I am hearing.

 

[Cubicrootofthee]

Yes that is what I am hearing.

Interesting and bad

 

[from_pradeep]

First of all, thank you for all valuable guidance and information which is provided by the thread.

In my scenario my company is in process of getting me transfer to Canada(ICT) and I got my labor approved. They are planning to file I140 in premium.. should I wait in US till I get my I140 approved? If my I140 is approved and then I leave for Canada before 180 days, can I still use my approved I140 for H1B cap exemption in future and retain my priority date.

 

[harirajmohan]

First of all, thank you for all valuable guidance and information which is provided by the thread.

In my scenario my company is in process of getting me transfer to Canada(ICT) and I got my labor approved. They are planning to file I140 in premium..
1. should I wait in US till I get my I140 approved? If my I140 is approved and then I leave for Canada before 180 days,
2. can I still use my approved I140 for H1B cap exemption in future and retain my priority date.

1. No need. One can be outside the US while gc steps are in progress. Many are outside US till the 485 stage.... So plan according to your job in Canada.
2. Yes it would be cap exemption and can retain priority date from an approved 140(doesnt matter if days were less than or greater than 180 days as per my lawyer).

 

[from_pradeep]

1. No need. One can be outside the US while gc steps are in progress. Many are outside US till the 485 stage.... So plan according to your job in Canada.
2. Yes it would be cap exemption and can retain priority date from an approved 140(doesnt matter if days were less than or greater than 180 days as per my lawyer).

Thank you for clarification...In process of getting I140 processed in premium processing in parallel with ICT work permit.

 

[Nisha1218]

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!

As far as your labor and I 140 are approved you can find new employer in US when your priority date is current you may request to port your job offer under AC21 portability rule. Please consult your immigration lawyer.

 

[Nisha1218]

As far as your labor and I 140 are approved you can find new employer in US when your priority date is current you may request to port your job offer under AC21 portability rule. Please consult your immigration lawyer.