Moving to Canada from USA with Approved I140

[funloving]

It does not explicitly say that either way on the i140. However, assuming most h1b file i140 when inside the US, it would be for AoS.

If its AOS you will need to get H1B and file for i485. But there is a BIG caveat that you will only get your H1B for 1 YEAR.

 

[funloving]

If its AOS you will need to get H1B and file for i485. But there is a BIG caveat that you will only get your H1B for 1 YEAR.

Its the same employer and same/similar job. If its a new employer then you have to start the whole process again but can keep the PD.

 

[harirajmohan]

Commuting frequently on H1B is a very bad idea.

Why is commuting a bad idea?

 

[funloving]

Why is commuting a bad idea?

Before I comment on anything by commuting I meant going very frequently like may be 2-3 times a week or even 3-4 times a month. A less than this number could be fine. Better to stay they M-F and back for the weekend.

There are several reasons: the biggest one is the immigration offices at the border create a lot of issues and can deny and have denied entry due to frequent traveling. Frequent crossing creates a red flag with the immigration offices.

In fact with this type of entry exist a cousin of mine who is a US green holder for many years was strictly warned that they will deny his GC at their will and asked him to not do this frequent broader crossing and (he then moved permanently to the US).

2nd if the crossing is very frequent you are inviting trouble with Canadian immigration and can jeopardize your future with Canadian citizenship. They keep an eye on your intention.


Better is to stay put until you get your Canadian citizenship.

 

[harirajmohan]

Before I comment on anything by commuting I meant going very frequently like may be 2-3 times a week or even 3-4 times a month. A less than this number could be fine. Better to stay they M-F and back for the weekend.

There are several reasons: the biggest one is the immigration offices at the border create a lot of issues and can deny and have denied entry due to frequent traveling. Frequent crossing creates a red flag with the immigration offices.

In fact with this type of entry exist a cousin of mine who is a US green holder for many years was strictly warned that they will deny his GC at their will and asked him to not do this frequent broader crossing and (he then moved permanently to the US).

2nd if the crossing is very frequent you are inviting trouble with Canadian immigration and can jeopardize your future with Canadian citizenship. They keep an eye on your intention.


Better is to stay put until you get your Canadian citizenship.

Your cousin would have been a PR in Canada as well as GC in US hence the issue. You cant make both country a primary residence to show the respective country that you are trying to settle permanently.
Definitely not all officers on both borders are comfortable with. My friend who mentioned India address as permanent address by mistake was warned that if he wants to give up gc. So surely the gc candidate's intention should be to make the US a primary residence, not some other country.

So above situation is not comparable with the situation i mentioned. Here the candidate is on H1 and will be PR on canadian side. Both cases are totally different. We are commuting for years without a single event on retaining immigration status. So you can broadly tell that commuting is bad idea.

No red flags in commuting. One of my directors crosses border on commuter gc for years. No issues. We all commute on H1 for years. No issues.

Intention clause for canadian citizenship is gone few years ago itself. I agree that one should stay inside till citizenship but its not practical/economical & unnecessary for most to give up job at the border and move.

 

[funloving]

Your cousin would have been a PR in Canada as well as GC in US hence the issue. You cant make both country a primary residence to show the respective country that you are trying to settle permanently.
Definitely not all officers on both borders are comfortable with. My friend who mentioned India address as permanent address by mistake was warned that if he wants to give up gc. So surely the gc candidate's intention should be to make the US a primary residence, not some other country.

So above situation is not comparable with the situation i mentioned. Here the candidate is on H1 and will be PR on canadian side. Both cases are totally different. We are commuting for years without a single event on retaining immigration status. So you can broadly tell that commuting is bad idea.

No red flags in commuting. One of my directors crosses border on commuter gc for years. No issues. We all commute on H1 for years. No issues.

Intention clause for canadian citizenship is gone few years ago itself. I agree that one should stay inside till citizenship but its not practical/economical & unnecessary for most to give up job at the border and move.

Oh, Ok. Yeah, that's the issue that everyone's case depends on the VO, situation and a whole lot of other things. But good to know that you have been doing back and forth many times on H1B. And you are correct that people with GC and PR have issues.

 

[destornillador]

Not necessary and Don't assume you should check your package (approved I-140). Otherwise, you could lose I-140 and PD.

Is there something specific on the i140 approval one should look for?
Could you point on the below example what text to look for, weather it's AoS or CoS?

https://www.immihelp.com/sample-i-140-approval-notice/#

 

[destornillador]

Is there something specific on the i140 approval one should look for?
Could you point on the below example what text to look for, weather it's AoS or CoS?

https://www.immihelp.com/sample-i-140-approval-notice/#

I spoke with a law firm and they pointed me to below post. Basically, one can file i140 anytime in the future even for a different position and retain the priority date. The labor would obviously have to be recertified, unless returning back to the same employer and position.

All this is assuming the i140 was approved 6 months+ before the employee left, and there was no fraud.

https://www.gurfinkel.com/it-could-be-possible-to-retain-and-transfer-your-old-employment-based-priority-date/

 

[funloving]

Is there something specific on the i140 approval one should look for?
Could you point on the below example what text to look for, weather it's AoS or CoS?

https://www.immihelp.com/sample-i-140-approval-notice/#

I don't remember where to look for but go through you i140 approved packaged that you have received from the USCIS. Read it thoroughly.

 

[funloving]

Is there something specific on the i140 approval one should look for?
Could you point on the below example what text to look for, weather it's AoS or CoS?

https://www.immihelp.com/sample-i-140-approval-notice/#

This is just the notice. You will have to read the approval package.

 

[funloving]

I spoke with a law firm and they pointed me to below post. Basically, one can file i140 anytime in the future even for a different position and retain the priority date. The labor would obviously have to be recertified, unless returning back to the same employer and position.

All this is assuming the i140 was approved 6 months+ before the employee left, and there was no fraud.

https://www.gurfinkel.com/it-could-be-possible-to-retain-and-transfer-your-old-employment-based-priority-date/

Yes, ofcourse that's what I said in my post earlier.

 

[destornillador]

Yes, ofcourse that's what I said in my post earlier.

Yes, of course.

 

[funloving]

Yes, ofcourse that's what I said in my post earlier.

This is only valid its AOS not with CP. CP is different.

 

[destornillador]

This is only valid its AOS not with CP. CP is different.

I guess I will take my chances. I just have the i140 approval notice. My employer did not give me the entire i140 approval package.

 

[Manojgdv]

I am on H1B visa in USA and my GC process just started. I also hold an Canadian PR with close to 2.5yrs validity. Now I am in a dilemma which one to choose as I might loose my PR status if I didn't stay for minimum of 2yrs in Canada.

Can someone please suggest?