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I-140 approved, planning to apply for Canada Study Permit

liveyourdream

Newbie
Feb 20, 2020
8
0
Hi,

I have done a master's in information technology in the USA and working in IT as a software tester for the past 5 years on an H1B visa. I have I-140 approved (EB2 - Advanced degree) with a priority date as 2018. Since its gonna take a long time to get the current date as same my Priority date, I am planning to move to Canada applying for a Master's program.(Specialized course matching to my work experience) After graduating I'll be applying for a work permit and eventually apply for PR as soon I get a job in Canada.

Migrating one country to another is quite a risky and overwhelming process. Before I take a step further to start searching for universities in Canada, I have a few questions regarding green card processing and study permit approval chances.

1. Can I go to Canada on a temporary visa with an I-140 approved application and reenter the USA once the current date for the GC process is 2018?
2. While reentering back to the USA, is it mandatory to enter on H1B visa? if no, what are the other visa options?
3. Is it mandatory that my current employer should only apply for I-485? if my employer refuses to apply to reenter what are my other options?
4. Before I go to Canada is it better to change the adjustment of status to consular processing?
5. Since I already hold a master's degree, can I apply for another master's degree program? if yes, can I apply for a year duration Masters program specific to web technologies?

I am in urgent need of advice/suggestions to decide and move further. Its really getting on my nerves to stay in uncertain situations where the H1B rejection rate is increasing and end up going back home neither I want to lose a chance to gain a green card.

Thanks in advance!
 

shersingh

Hero Member
Oct 5, 2017
324
121
I will assume you are from India and if so with a 2018 priority date you are looking for an extremely long wait time and not just a few years. It has been 5 years for me.

Anyways, when your priority date is current- your employer can file 485 if you are working for them, or if they are still interested in hiring you at that time. See GC process is for future employment. So you need to be working for them at the time when PD is current. You cant even be sure if your managers or even their managers will be working at the same place at that time, and if they will have any requirement for you at that time - imagine 10-20 years best case scenario.

A better bet would be to get PR in Canada, get a citizenship, and then come back to H1B if you want to - either with the same employer or a new one(You would need another i140 if you join a new employer) and then get your USA GC process going.

1. Yes but to reenter to USA, you need a Valid Visa.
2. For the purpose of your GC, you would need to be employed on a H1B. Or maybe a TN visa.
3. Any employer can file for yor 485 - but they would need to start GC process from scratch.(You can use the same PD)
4. Not sure
5. You can get as many masters degree as you want.

As @DEEPCUR said, see if you can get your score now to qualify for express entry.
 

lampbreaker

Champion Member
Apr 7, 2015
1,733
376
Hi,

I have done a master's in information technology in the USA and working in IT as a software tester for the past 5 years on an H1B visa. I have I-140 approved (EB2 - Advanced degree) with a priority date as 2018. Since its gonna take a long time to get the current date as same my Priority date, I am planning to move to Canada applying for a Master's program.(Specialized course matching to my work experience) After graduating I'll be applying for a work permit and eventually apply for PR as soon I get a job in Canada.

Migrating one country to another is quite a risky and overwhelming process. Before I take a step further to start searching for universities in Canada, I have a few questions regarding green card processing and study permit approval chances.

1. Can I go to Canada on a temporary visa with an I-140 approved application and reenter the USA once the current date for the GC process is 2018?
2. While reentering back to the USA, is it mandatory to enter on H1B visa? if no, what are the other visa options?
3. Is it mandatory that my current employer should only apply for I-485? if my employer refuses to apply to reenter what are my other options?
4. Before I go to Canada is it better to change the adjustment of status to consular processing?
5. Since I already hold a master's degree, can I apply for another master's degree program? if yes, can I apply for a year duration Masters program specific to web technologies?

I am in urgent need of advice/suggestions to decide and move further. Its really getting on my nerves to stay in uncertain situations where the H1B rejection rate is increasing and end up going back home neither I want to lose a chance to gain a green card.

Thanks in advance!
1. You can go to Canada or anywhere else on any Visa. US does not care.
2. Any Visa.
3. You file your own I-485, but it must be based on an I-140. If the current employer's job offer is no longer valid at that time, you will not be able to file I-485. You will need another employer to file their own I-140 for you in that case. Your 2018 PD can be ported.
4. Makes no difference. See above.
5. Makes no difference. The two are independent.

Have you considered applying for Canadian PR directly? How old are you?
 

liveyourdream

Newbie
Feb 20, 2020
8
0
Thanks for your reply. I have attempted a few times for the IELTS exam but couldn't score 8777 in all four modules. In either one or other module band will be reduced as I appear. Moreover, due to the IELTS score and various other reasons like having no job offer letter and age (31 years), my CRS is reduced as we enter a new year.

In addition to this, I also tried to search for employers who can provide LMIA but no luck couldn't find anyone being outside Canada.

Thinking and trying all of these options, finally, I started exploring Study permit and intend to apply for a Specialized master program matching with my previous work experience. This way, I can upgrade my skills and gain Canadian experience and history.

Since I don't wanna lose my GC processing, I want to ensure I take all required steps ahead before I take a step further to move to Canada.

Please feel free to suggest to me! I am currently confused and in an overwhelming situation. I don't want to end up losing both Canada and USA PRs taking any inappropriate step.

Thanks in advance and I appreciate your suggestions!
 

Nick1233

Star Member
Dec 16, 2019
131
19
Thanks for your reply. I have attempted a few times for the IELTS exam but couldn't score 8777 in all four modules. In either one or other module band will be reduced as I appear. Moreover, due to the IELTS score and various other reasons like having no job offer letter and age (31 years), my CRS is reduced as we enter a new year.

In addition to this, I also tried to search for employers who can provide LMIA but no luck couldn't find anyone being outside Canada.

Thinking and trying all of these options, finally, I started exploring Study permit and intend to apply for a Specialized master program matching with my previous work experience. This way, I can upgrade my skills and gain Canadian experience and history.

Since I don't wanna lose my GC processing, I want to ensure I take all required steps ahead before I take a step further to move to Canada.

Please feel free to suggest to me! I am currently confused and in an overwhelming situation. I don't want to end up losing both Canada and USA PRs taking any inappropriate step.

Thanks in advance and I appreciate your suggestions!
Try Ontario PNP
 

Nick1233

Star Member
Dec 16, 2019
131
19
Try Ontario PNP
Thanks for your reply. I have attempted a few times for the IELTS exam but couldn't score 8777 in all four modules. In either one or other module band will be reduced as I appear. Moreover, due to the IELTS score and various other reasons like having no job offer letter and age (31 years), my CRS is reduced as we enter a new year.

In addition to this, I also tried to search for employers who can provide LMIA but no luck couldn't find anyone being outside Canada.

Thinking and trying all of these options, finally, I started exploring Study permit and intend to apply for a Specialized master program matching with my previous work experience. This way, I can upgrade my skills and gain Canadian experience and history.

Since I don't wanna lose my GC processing, I want to ensure I take all required steps ahead before I take a step further to move to Canada.

Please feel free to suggest to me! I am currently confused and in an overwhelming situation. I don't want to end up losing both Canada and USA PRs taking any inappropriate step.

Thanks in advance and I appreciate your suggestions!
Whats your CRS Score? It looks like even the minimum score for Ontario Notifications of Interest is high these days.
There was a time when they invited folks with 400 and above. Seems like the demand is too high.
Crucial time for 30+ folks in H1B.

https://www.ontario.ca/page/oinp-express-entry-notifications-interest
 

spirit.varun

Star Member
Nov 27, 2018
184
14
39
1. Can I go to Canada on a temporary visa with an I-140 approved application and reenter the USA once the current date for the GC process is 2018?
2. While reentering back to the USA, is it mandatory to enter on H1B visa? if no, what are the other visa options?
3. Is it mandatory that my current employer should only apply for I-485? if my employer refuses to apply to reenter what are my other options?
4. Before I go to Canada is it better to change the adjustment of status to consular processing?
5. Since I already hold a master's degree, can I apply for another master's degree program? if yes, can I apply for a year duration Masters program specific to web technologies?
1. You need would appropriate visa to re-enter back (Approved I140 is not really helpful here)
2. You can enter on any visa but remember I140 is work related, you would need to enter in on H1B (or L visa, have to check on this)
3. No not all, you can't solely enter US based on a approved i140 petition, you need to find a different employer and start/repeat the whole PERM application with preserving the PD
4. Adj of status : you mean I485 ??. how can you do this ?? when your i140 is not current
5. No correlation at all, you can do as many as you like.
 

liveyourdream

Newbie
Feb 20, 2020
8
0
Whats your CRS Score? It looks like even the minimum score for Ontario Notifications of Interest is high these days.
There was a time when they invited folks with 400 and above. Seems like the demand is too high.
Crucial time for 30+ folks in H1B.

https://www.ontario.ca/page/oinp-express-entry-notifications-interest
My CRS score is 395. Moreover, my H1B visa is expiring in September so I want to move to Canada before my visa expires. I can extend my visa but since there is a long wait to get GC this is the reason why I am taking this step.
 

Nick1233

Star Member
Dec 16, 2019
131
19
My CRS score is 395. Moreover, my H1B visa is expiring in September so I want to move to Canada before my visa expires. I can extend my visa but since there is a long wait to get GC this is the reason why I am taking this step.
Yeah, with that score it could de difficult with Ontario PNP. I know someone inland with educational in Canada not getting a PNP invite. He is on a work permit and waiting for a year to increase some points. Age seems to be not working for him.

There might be other less attrative paths to Canadian PR like Atlantic Immigration Pilot. If you can, would suggest to extend H1 visa while you find other routes with good research. I also heard, Germany from March 2020 is having new program to attract non-EU workers (STEM etc).

Good luck and educate your aging friends and colleagues in H1 to move on, its just not worth it. FWIW, once approved one still has 3 years before having to move to Canada. Anyone from GC backlogged country, should consider applying at least by 32-33 years.
 

spirit.varun

Star Member
Nov 27, 2018
184
14
39
Yeah, with that score it could de difficult with Ontario PNP. I know someone inland with educational in Canada not getting a PNP invite. He is on a work permit and waiting for a year to increase some points. Age seems to be not working for him.

There might be other less attrative paths to Canadian PR like Atlantic Immigration Pilot. If you can, would suggest to extend H1 visa while you find other routes with good research. I also heard, Germany from March 2020 is having new program to attract non-EU workers (STEM etc).

Good luck and educate your aging friends and colleagues in H1 to move on, its just not worth it. FWIW, once approved one still has 3 years before having to move to Canada. Anyone from GC backlogged country, should consider applying at least by 32-33 years.
British have recently changed to attract more non-EU STEM talent using point based system, still looking at details.
 

Nick1233

Star Member
Dec 16, 2019
131
19
British have recently changed to attract more non-EU STEM talent using point based system, still looking at details.
Good one, any system to prioritize your and your family's well being first in exchange for taxes and economic contributions should be a no-brainer.
Go for it.