Canadian Citizen - Resuming Job in US on a valid I140 from past?

[harpreethwalia]

Hi All,
Me and my wife are Canadian Citizens. We both were working in US on H1B (We were Indian Citizen at this time). Green card processing was started for both and we both have a I140 PD date of Oct 2012.

We moved to Canada in last 4 yrs and recently became Canadian Citizen. Since we are close to US border, we have an opportunity to join US based firm(s) but we are not sure if we can still retain our Oct 2022 PD (since we applied I140 as Indian Citizen vs now as Canadian) if our employer files H1B?

For now, we still want to live in Canada and commute to US side (Hybrid model). The H1-B status is little confusing for us. We do have a option for TN visa but since we have a Oct 2012 PD from past, trying to understand what is the best approach to resume that PD.

And advise will be appreciated.

TIA

 

[fr72]

Dont do TN, its non immigrant. Tell your employer to do H1B and file GC. If you are with a new employer, PERM itself takes 2 years now, by then you will be easily current.

 

[harpreethwalia]

Dont do TN, its non immigrant. Tell your employer to do H1B and file GC. If you are with a new employer, PERM itself takes 2 years now, by then you will be easily current.

Thanks. Didnt knew its taking 2 yrs for new PERM processing. My original employer (who filed my GC initially) is in Boston else would have gone with them.

 

[swan0206]

Dont do TN, its non immigrant. Tell your employer to do H1B and file GC. If you are with a new employer, PERM itself takes 2 years now, by then you will be easily current.

how long do they have time after PD being current they can apply for AOS??

 

[fr72]

how long do they have time after PD being current they can apply for AOS??

"You have one year after your priority date becomes current in the "Application Final Action Dates" chart to pursue your visa or green card. If you do not, the government assumes you have abandoned it, and will give your visa number to the next person in line."

I have found this on law firm websites. I always assumed that abandoned means you lose PD. But several people on other forums have told me that is not the case. We still keep PD, but probably the gc is only given the next year.