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Canadian PR and PERM in progress

techie12

Star Member
Feb 28, 2019
143
12
I received my Canadian PR last year. We will be moving to Canada in 2022.

Currently I am in the US on L1B visa which is valid until 2022.

Now my organization is planning on filing a Green Card application. The time to get even I-140 as of today is taking more than 2 years.
So I do not have that much time to wait for it to arrive as my visa would have expired before I-140 is approved.

I have few questions

1. If I leave the organization before I get I-140, what will happen to the GC application?

2. If I stay in the organization and work from Canada will it affect the I-140 process?

3. While I am working in Canada and I get the I-140, will I be able to change the employer later in time with a new visa altogether?
In this case, will my I-140 still hold good?
 

harirajmohan

VIP Member
Mar 3, 2015
6,157
1,663
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
I received my Canadian PR last year. We will be moving to Canada in 2022.

Currently I am in the US on L1B visa which is valid until 2022.

Now my organization is planning on filing a Green Card application. The time to get even I-140 as of today is taking more than 2 years.
So I do not have that much time to wait for it to arrive as my visa would have expired before I-140 is approved.

I have few questions

1. If I leave the organization before I get I-140, what will happen to the GC application?

2. If I stay in the organization and work from Canada will it affect the I-140 process?

3. While I am working in Canada and I get the I-140, will I be able to change the employer later in time with a new visa altogether?
In this case, will my I-140 still hold good?
1. if employer revokes 140 within 180 days of approval then you might not use the priority date. https://www.balglobal.com/wp-content/uploads/AC-21-Regulation-Summary-Handout.pdf
Also having the 140 for 6 months alive will give you flexibility to extend your H1 without quota even for your new employer.
2. No effect since gc process doesnt require one to be inside US as its independent on your current visa status.
3. Changing employer can be done anytime, irrelevant of you being inside/outisde US but it depends if you want to wait for #1.
 

techie12

Star Member
Feb 28, 2019
143
12
1. if employer revokes 140 within 180 days of approval then you might not use the priority date. https://www.balglobal.com/wp-content/uploads/AC-21-Regulation-Summary-Handout.pdf
Also having the 140 for 6 months alive will give you flexibility to extend your H1 without quota even for your new employer.
2. No effect since gc process doesnt require one to be inside US as its independent on your current visa status.
3. Changing employer can be done anytime, irrelevant of you being inside/outisde US but it depends if you want to wait for #1.
Thank you for responding
 

nikki1992

Star Member
Dec 1, 2014
130
46
Category........
CEC
NOC Code......
2282
1. if employer revokes 140 within 180 days of approval then you might not use the priority date. https://www.balglobal.com/wp-content/uploads/AC-21-Regulation-Summary-Handout.pdf
Also having the 140 for 6 months alive will give you flexibility to extend your H1 without quota even for your new employer.
2. No effect since gc process doesnt require one to be inside US as its independent on your current visa status.
3. Changing employer can be done anytime, irrelevant of you being inside/outisde US but it depends if you want to wait for #1.
2. No effect since gc process doesnt require one to be inside US as its independent on your current visa status.
Hello @harirajmohan Could you please share any official link for this line stating it doesn't effect the process.

Thanks
Nikhil