Moving to Canada after I-140

[Genesis923]

HI, I am currently on H1B in US and my company in US has filed I-140. However, I have to move to Canada with in the next 6 months to keep my PR valid.

If I move to Canada, will the I-140 be still live and will it be in que and can I come back after a few years to take the advantage of the I-140 filed by my current employer ? Or it becomes invalid when I move from US to Canada and I have to start all over again with fresh I-140 ?

What are the options for me to return to US later on (other than H1B and TN Visa) ?

Thanks in advance

 

[dry.00]

HI, I am currently on H1B in US and my company in US has filed I-140. However, I have to move to Canada with in the next 6 months to keep my PR valid.

If I move to Canada, will the I-140 be still live and will it be in que and can I come back after a few years to take the advantage of the I-140 filed by my current employer ? Or it becomes invalid when I move from US to Canada and I have to start all over again with fresh I-140 ?

What are the options for me to return to US later on (other than H1B and TN Visa) ?

Thanks in advance

You should ask your immigration lawyer that filed the I-140 on your behalf for a clear answer.

As far as I know, the I-140 will still be processed. If you expressed on your application that you want to file I-485 after the I-140 is approved, then it'll become an issue. If not, then you're fine

 

[harirajmohan]

HI, I am currently on H1B in US and my company in US has filed I-140. However, I have to move to Canada with in the next 6 months to keep my PR valid.

1. If I move to Canada, will the I-140 be still live and will it be in que and can I come back after a few years to take the advantage of the I-140 filed by my current employer ?
2. Or it becomes invalid when I move from US to Canada and I have to start all over again with fresh I-140 ?

3. What are the options for me to return to US later on (other than H1B and TN Visa) ?

Thanks in advance

1. Yes you can retain priority date if your 140 is more than 6 months old with that employer. Later even if its revoked by your employer you can get the same PD.
2. Refer #1
3. You can get 3 years based on current/previous employer's 140 without going through quota again.

 

[Genesis923]

You should ask your immigration lawyer that filed the I-140 on your behalf for a clear answer.

As far as I know, the I-140 will still be processed. If you expressed on your application that you want to file I-485 after the I-140 is approved, then it'll become an issue. If not, then you're fine

Thanks for the clarifications

 

[Genesis923]

1. Yes you can retain priority date if your 140 is more than 6 months old with that employer. Later even if its revoked by your employer you can get the same PD.
2. Refer #1
3. You can get 3 years based on current/previous employer's 140 without going through quota again.

Thank you for the info