Moving to Canada from USA with Approved I140
- Thread starter CANPR12
- Start date
I think your PD stays the same once you have an approved I-140, but if you leave your current employer they're gonna cancel the I-140 application. After your date is current you'll have to find a new employer in US who's willing to do PERM and I-140 again and then you can file for I-485 and all the works.
Looks like this thread is pretty dormant from last 2 months. Anyway, I am not clear why everyone is talking about moving to Canada and trying to resurrect their H1B. Once you get Canadian passport I believe you don't need H1B, you can comeback with TN visa(no annual limit). Rest of process should remain same, first Labor then I-140 and I-485 concurrent filing (assuming date is current when you get back) using your old priority date.
Thats because:
1. NAFTA ( and thus TN visa) is in question now days.
2. If you are from India, China or any country having impact due to per country limits and Years of wait time to file 485 after i140 approval, you can not renew you TN Visa once you file for i140, and you will go out of status before you can do 485. H1B doesn't have that issue.
If one is married to someone born in a country without wait list, their case could be upgraded.
if you have TN visa you can renew for every 3 years indefinitely. but cannot apply for GC , unless you have H1b , but once you become citizen you will be comfortable in CA instead of here
I have approved i-140 with priority date in 2011. I will be becoming canadian citizen in few weeks. My questions are -
1) Will there be any issue getting TN as I already have i-140?
2) Will I be cap exempt if employer is willing to file H1-B?
3) Will I be able to keep priority date for a new GC application?
1) Will there be any issue getting TN as I already have i-140?
2) Will I be cap exempt if employer is willing to file H1-B?
3) Will I be able to keep priority date for a new GC application?
1) no. USCIS has clarified that having i140 does not show immigrant intent
2) yes
3) yes
Thanks Deepcur. Do you know if cap exemption is allowed only during 6 years of last i-797 issue date or there is no such thing? Someone mentioned this earlier in the thread.
No, since you have an approved i140 and since 2011 priority date is not yet current, you can reclaim your h1b even after 6 years. The six year restriction is only for people without i140. I hope your i140 was active at least for 180 days after approval.. if so, its active or revocation status doesn't matter too
Check the comments section in this link..
https://startupimmigrationattorney.com/h1b-cap-after-return-home/
//You say you had an I-140 approved–is the priority date current? If not, you will be eligible for an H1b extension regardless of whether or not USCIS takes the position that your H1b is too old to recoup the lost time after your lay off. As long as the petition has not been revoked, you can use an approved I-140 to receive more H1b time at any company until the priority date becomes current. //
One a different note.. have you been just waiting to come back to US? No liking for Canada even after living for these many years? Just curious as lot of people here are in similar boat and are looking for real feedback to make US to Canada move decisions.
There is no literature that says you need to file 485 within a year .
In fact, I found the following that actually clarifies that there is no such thing although there are other risks such as the company sittings down .
https://www.murthy.com/2011/12/02/priority-date-finally-current-how-soon-should-i-485-be-filed/
Yeah, I misspoke, I happened to check the link after posting that.
No worries. We're all in the same boat and most of us don't have legal training. I love this forum and the varied circumstances we get to know of here.
Also, Damn autocorrect. Meant "company shutting down".
We’re in a similar situation. My husband has his I-140 approved with priority date in 2016. We recently moved to Canada as PRs, he is working with the same employer in Canada (on Canadian payroll).
We’re planning to get our Canadian citizenship, which is very likely to happen before our US priority date is current.
Since we’re not changing employers, I’m taking the employer out of equation.
I want to know if our citizenship changes while we’re waiting for priority date to become current, can we still use the same I-140 ?
We’re planning to get our Canadian citizenship, which is very likely to happen before our US priority date is current.
Since we’re not changing employers, I’m taking the employer out of equation.
I want to know if our citizenship changes while we’re waiting for priority date to become current, can we still use the same I-140 ?