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In Canada on PR, Now Priority Dates have become current in USA, anyone in a similar situation?

despairedh1b

Star Member
Oct 7, 2018
104
19
One thing I will point out again based on my prior experience (was initially planning for intra-company transfer), but my company clearly said that they don't do CP and I have to be in the US for it - so as mentioned above, I see dependency on the company.

Secondly, if that does end up being the situation, I am wondering could that end up being a Canada RO issue - especially if you are just a PR and not a citizen? Sometimes i-485 takes upto 2 years (As a PR you have to have 730 days in the last 5 rolling years) - Other can correct me incase I am wrong.
 

CANPR12

Star Member
Feb 22, 2017
68
14
One thing I will point out again based on my prior experience (was initially planning for intra-company transfer), but my company clearly said that they don't do CP and I have to be in the US for it - so as mentioned above, I see dependency on the company.

Secondly, if that does end up being the situation, I am wondering could that end up being a Canada RO issue - especially if you are just a PR and not a citizen? Sometimes i-485 takes upto 2 years (As a PR you have to have 730 days in the last 5 rolling years) - Other can correct me incase I am wrong.
You need to meet the physical presence test here in Canada to be able to renew your PR which is 730 days in the last rolling 5 years. So if I-485 processing gets delayed, you could be in a situation where you might loose the ability to renew your PR without meeting the 730day requirement.
 

boatyyo

Star Member
Jan 11, 2017
75
15
Hi, did you have a chance to speak with your company attorney? What did they suggest? How are you approaching the situation. Do share your inputs as it would be helpful for other folks like us who are in the same situation. Thanks in advance.
Per my attorney the only viable option to continue the GC application is to file for an I-824 application to request consular processing and then filing another application.
My question to them was what happens while the I-824 is in process and I reach the one year mark of PD being active. They said "assuming if the I-824 is filed now and due to delayed actions by USCIS the PD crosses the 1 year before NVC could start the Immigrant Visa process, the government will honor the application but no guarantees because I have never seen this scenario before."

Would love to hear from others in similar situation.
 

ripster85

Star Member
Sep 9, 2019
148
53
Per my attorney the only viable option to continue the GC application is to file for an I-824 application to request consular processing and then filing another application.
My question to them was what happens while the I-824 is in process and I reach the one year mark of PD being active. They said "assuming if the I-824 is filed now and due to delayed actions by USCIS the PD crosses the 1 year before NVC could start the Immigrant Visa process, the government will honor the application but no guarantees because I have never seen this scenario before."

Would love to hear from others in similar situation.
Hi, Any updates
I am in same boat. Got Current in April this year. 1 year to citizenship. Let me know. Also talking to my attorneys both here and in US soon.
 

ripster85

Star Member
Sep 9, 2019
148
53
Hi All,
My priority date of Mar 12 has become current under the Final Action Chart as per Dec 2021 Visa Bulletin. I however am in Canada yet to complete my 3 year stay to be eligible for citizenship here. I am posting this thread to see if anyone else is in the same situation or has been in this kind of situation in the past?

Wondering if we could still use the H1B route to get back to USA with priority date being current to file for I485 and get H1B approved? As I understand I cannot file for a (AOS-I485) being outside of USA and (I824 - Consular process is not an option).

Has anyone been in a similar situation. What have you done?
I am in same boat, interested to know how it is going.
 

ripster85

Star Member
Sep 9, 2019
148
53
Hello,

I'm in the exact similar situation..My PD is current as per the June 2021 visa bulletin. I'm in canada on PR.
I'm looking to Convert AOS to Consular processing with I-824. But seems the processing times are too long.
Seems, I-140 will expire after 1 year of PD being current but not sure exactly.
Please let me know if you found any solution.
Hi Srinikrish, I am in same boat. Let me know how it is going for you.
 

iceman55

Hero Member
May 1, 2022
518
258
I only vaguely remember, so check with your attorney or any attorney before proceeding and I'm not sure if this is still applicable in 2022:

You have an I-140 that was NOT filed with the Consular Processing option selected. Now you are outside the US and want to use consular processing and cannot be in the US within a reasonable period of time of your priority date current.

You will file a request for consular processing, I-824. I believe, this is processed at the USCIS Kentucky center and it takes a while for them to transfer the application to the State Department.

Even before the 824 is approved, if your consular post allows, you can get a certified copy of the I-140 from your attorney (meaning, the attorney of your employer that filed the I-140) and use that to file a consular processing application. The attorney certification acts a placeholder while the consular post awaits the official records from the USCIS while also allowing you to utilize your priority date that has become current without having to worry about any retrogression.

I'm not sure if all consular posts allow this "attorney certified" copy of I-140 but that's something the attorneys usually know or you can also check with the post.

When you find out any info on this, be sure to contribute back to the forum for the sake of future users.
 

greenmind

Full Member
May 1, 2019
25
16
I went through the thread, very insightful. I am in a similar boat and wanted to get some additional clarity.

I am currently in the USA on H1B, with EB2 Priority date in late 2016. We acquired Canada PR last year and planning to move to Canada end of next year. If we move to Canada, we plan to stay there for at least 3 yrs.

Question: If my EB2 priority date becomes current while I am in Canada, do I need to move back on H1B & file I-485 within a year of date of filing or final action date becoming current? Is there any such time frame? Or is there an option for me to just find a US employer, come back on Cap-Exempt H1B, Redo PERM/I140 with same Priority Date and file for I-485 about 3 to 4 years after the date is current? If the dates did not move back of course.

Appreciates your clarifications/thoughts. Thanks in advance!
 

srinikrish

Star Member
Dec 23, 2017
96
4
I went through the thread, very insightful. I am in a similar boat and wanted to get some additional clarity.

I am currently in the USA on H1B, with EB2 Priority date in late 2016. We acquired Canada PR last year and planning to move to Canada end of next year. If we move to Canada, we plan to stay there for at least 3 yrs.

Question: If my EB2 priority date becomes current while I am in Canada, do I need to move back on H1B & file I-485 within a year of date of filing or final action date becoming current? Is there any such time frame? Or is there an option for me to just find a US employer, come back on Cap-Exempt H1B, Redo PERM/I140 with same Priority Date and file for I-485 about 3 to 4 years after the date is current? If the dates did not move back of course.

Appreciates your clarifications/thoughts. Thanks in advance!
Hello,

We already that mistake. My priority date is 2011 march and it got current but since we are in canada, we cannot apply for GC immediately and the Visa number will be lost if not applied immediately within 1 year after the PD is current. And if you come to canada, you have to wait for 5 years to get the citizenship and not 3 years.. after 3 years, you will be eligible to apply for citizenship but it includes complete 1095 days physically present in canada and not outside the country. And the Citizen ship processing times is 27 months currently...so, it's almost more than 5 years, you'll be stuck in canada. So, think twice before coming to canada.
 
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harirajmohan

VIP Member
Mar 3, 2015
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Category........
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Hello,

We already that mistake. My priority date is 2011 march and it got current but since we are in canada, we cannot apply for GC immediately and the Visa number will be lost if not applied immediately within 1 year after the PD is current. And if you come to canada, you have to wait for 5 years to get the citizenship and not 3 years.. after 3 years, you will be eligible to apply for citizenship but it includes complete 1095 days physically present in canada and not outside the country. And the Citizen ship processing times is 27 months currently...so, it's almost more than 5 years, you'll be stuck in canada. So, think twice before coming to canada.
Chances of 2011 priority date is not same as 2016 priority date. Bulletin dates cannot just flash through to 2016 within 3-5 years.
If there was no pandemic then there was no date movement which happened last year.
We need multiple recessions and multiple visa bans to get 1-2 years moved. if not it moves just 1-2 months every year. I am not seeing any movement to get to 2016 quickly. We cant have recession/ban every year to make this kind of movement and there wont be any reform as usual which has not happened for decades due to politics.

Citizenship processing delay happened only due to pandemic and all new applications paper/online is surely within normal processing time 1 year for most cases.
One can apply for canadian citizenship and move out. Surely its doable without delaying when we move out to US(since candidates can go for test/interview to Canada and no delays). I moved out before attending test last year and i completed the process this month.
I am currently in the USA on H1B, with EB2 Priority date in late 2016. We acquired Canada PR last year and planning to move to Canada end of next year. If we move to Canada, we plan to stay there for at least 3 yrs.

Question: If my EB2 priority date becomes current while I am in Canada, do I need to move back on H1B & file I-485 within a year of date of filing or final action date becoming current? Is there any such time frame? Or is there an option for me to just find a US employer, come back on Cap-Exempt H1B, Redo PERM/I140 with same Priority Date and file for I-485 about 3 to 4 years after the date is current? If the dates did not move back of course.
THe more you delay, the more doubtful and double minded you get in moving to Canada. EB date will move one month or 2 months sometimes and you will try to rethink saying it will move in 2 years. You are in the system and you know how fast it goes and when.
There is no easy solution. There is no gain without pain.
US job holders can safely move to Canada by switching to border city jobs and start commuting if one doesnt want to loose out anything and still gain Canadian citizenship.

Most of us dont plan for long term and have planned and lived temporarily and then try to replan. At least it was my case. If you have target to acquire foreign citizenship for whatsoever the reasons(for future safety or settlement or to get uninterrupted social security without maintaining US residency while settled in India/outside US), then only hope is to get Canadian citizenship easily. Bird in hand is much worth than the one thats in the sky. We know how US immigration gets reformed. No one knows when the reform will come as we havent seen for decades.

Check with lawyers on your questions to plan correctly instead of relying on forum since you would the one affected in this move.

Landing first in US will never make it easier to move to other country. I know and i have seen. Yes its not surely easy to move to different country without job which i have experienced(in Australia and moved back to US) and one should avoid in most cases(unless you are very determined to survive). Thats why i chose this time to get this task done by moving my job from AZ to MI and got it done by commuting without taking any pain in moving to new country without a job.

So decide on what you need for long term and how much risk you can take and how you can reduce the risk and execute.
 
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greenmind

Full Member
May 1, 2019
25
16
Hello,

We already that mistake. My priority date is 2011 march and it got current but since we are in canada, we cannot apply for GC immediately and the Visa number will be lost if not applied immediately within 1 year after the PD is current. And if you come to canada, you have to wait for 5 years to get the citizenship and not 3 years.. after 3 years, you will be eligible to apply for citizenship but it includes complete 1095 days physically present in canada and not outside the country. And the Citizen ship processing times is 27 months currently...so, it's almost more than 5 years, you'll be stuck in canada. So, think twice before coming to canada.
Thanks a lot for your insight, have you checked with any lawyer to see if the Visa date is lost in a year? Thats somewhat surprising to me since there is no expiry dates for I140s. Several year later, can you not just move to the US on h1b and use your priority date to apply for gc? Ofcourse need to redo some paperwork if employment changes.
 

greenmind

Full Member
May 1, 2019
25
16
Chances of 2011 priority date is not same as 2016 priority date. Bulletin dates cannot just flash through to 2016 within 3-5 years.
If there was no pandemic then there was no date movement which happened last year.
We need multiple recessions and multiple visa bans to get 1-2 years moved. if not it moves just 1-2 months every year. I am not seeing any movement to get to 2016 quickly. We cant have recession/ban every year to make this kind of movement and there wont be any reform as usual which has not happened for decades due to politics.

Citizenship processing delay happened only due to pandemic and all new applications paper/online is surely within normal processing time 1 year for most cases.
One can apply for canadian citizenship and move out. Surely its doable without delaying when we move out to US(since candidates can go for test/interview to Canada and no delays). I moved out before attending test last year and i completed the process this month.

THe more you delay, the more doubtful and double minded you get in moving to Canada. EB date will move one month or 2 months sometimes and you will try to rethink saying it will move in 2 years. You are in the system and you know how fast it goes and when.
There is no easy solution. There is no gain without pain.
US job holders can safely move to Canada by switching to border city jobs and start commuting if one doesnt want to loose out anything and still gain Canadian citizenship.

Most of us dont plan for long term and have planned and lived temporarily and then try to replan. At least it was my case. If you have target to acquire foreign citizenship for whatsoever the reasons(for future safety or settlement or to get uninterrupted social security without maintaining US residency while settled in India/outside US), then only hope is to get Canadian citizenship easily. Bird in hand is much worth than the one thats in the sky. We know how US immigration gets reformed. No one knows when the reform will come as we havent seen for decades.

Check with lawyers on your questions to plan correctly instead of relying on forum since you would the one affected in this move.

Landing first in US will never make it easier to move to other country. I know and i have seen. Yes its not surely easy to move to different country without job which i have experienced(in Australia and moved back to US) and one should avoid in most cases(unless you are very determined to survive). Thats why i chose this time to get this task done by moving my job from AZ to MI and got it done by commuting without taking any pain in moving to new country without a job.

So decide on what you need for long term and how much risk you can take and how you can reduce the risk and execute.
Thank you very much for the insight, this is very helpful. Do you know by any chance if the gc has to be applied in a year from the priority date becoming current? Really appreciate your inputs so far, will also try to check with a lawyer before finalizing the move.
 

srinikrish

Star Member
Dec 23, 2017
96
4
Thanks a lot for your insight, have you checked with any lawyer to see if the Visa date is lost in a year? Thats somewhat surprising to me since there is no expiry dates for I140s. Several year later, can you not just move to the US on h1b and use your priority date to apply for gc? Ofcourse need to redo some paperwork if employment changes.
Hello,

I140 Visa number and priority dates are different.. you, check with an attorney.
 
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greenmind

Full Member
May 1, 2019
25
16
Hello,

I140 Visa number and priority dates are different.. you, check with an attorney.
Ok, thanks for the note. Sort of understand what you are saying. So if you miss for the year and file later, you will have to wait for another visa number to be available from that year's quota. Priority date can still be kept. If thats the case, your move to canada is a good decision IMO, coz at worst you will have a delay of an year to get your gc. Correct?
 
Last edited:

boatyyo

Star Member
Jan 11, 2017
75
15
Just sending an update - my lawyer has filed the i-824 but no idea how long it will take and what happens if the 1 yr time is up since PD becoming active.
At this point though I have given up all hope of getting a GC. The only reason it would have made sense is if I moved back to US, however with the recent shooting I am more determined to stay in Canada. Screw US!