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Pending i485 and Canadian PR

atkt_forever

Member
Apr 9, 2018
11
2
We received Canadian PR in Apr 2019 and will lapse in 2024. We live in usa on H1b and recently applied for EB2 to EB3 downgrade. We will get our Ead hopefully in mid 2021 but because priority date is in Nov 2013 the final green card might come after another 5- 10 years for Indian citizens. We are trying to think what we should do. Stay in us or move to Canada. The only reasons to move to Canada are to get citizenship there and avoid risk in usa if there is a small chance in future Ead has issues or green card approval has issues. After going to Canada maybe we can return on TN or H1b after few years and resume green card process here if we want to still move back to usa. Are there other people in this boat and want to know what you are doing?
 
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DEEPCUR

Champion Member
Apr 12, 2016
2,429
615
If you need to utilize Canadian PR, then your only option at this point is to change your adjustment of status to consular process. Meaning you cannot keep the benefits of EAD and give up on it. If you are not interested in that, then your Canadian PR is pretty much dead at this point.

If your employer can transfer you to Canadian branch and keep your GC active, then you can take that route. Otherwise in future some other employer needs to file your perm and i140 again before you can get your GC.
 
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atkt_forever

Member
Apr 9, 2018
11
2
Just leaving a note here: we spoke to several lawyers. If we decide to move to canada, we should withdraw or not file I-485. When we are ready to return to US, we can find a new job, have new employer file H1B/L1 and I-140 and get back into the green card queue using the old I-140.
 
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Islander216

Champion Member
Nov 27, 2019
1,826
1,102
Hopefully, there will be some momentum to reform the U.S's immigration system.

Is your H1-B visa expiring soon? Do you have implied statue while your I-485 is being processed?
 

psona

Member
Jul 17, 2018
12
1
Just leaving a note here: we spoke to several lawyers. If we decide to move to canada, we should withdraw or not file I-485. When we are ready to return to US, we can find a new job, have new employer file H1B/L1 and I-140 and get back into the green card queue using the old I-140.
Your timeline looks exactly like our except we are March 2019 for soft landing and Oct 2013 for PD . In the last few months , I have been tempted to give up on US and just move to Canada for peace of mind and so that my spouse can work too(H4 EAD delays) .

I just want to not worry about immigration anymore . Just sick and tired of the continuous stress .

The only thing I am worried about is the Canadian Job Market . When I was researching and talking to employers this year about moving to Canada , Salary is on the lower side but definitely you will be healthier with less stress .

Can I by any chance message you ?
 

anje

Newbie
Oct 1, 2018
5
1
Your timeline looks exactly like our except we are March 2019 for soft landing and Oct 2013 for PD . In the last few months , I have been tempted to give up on US and just move to Canada for peace of mind and so that my spouse can work too(H4 EAD delays) .

I just want to not worry about immigration anymore . Just sick and tired of the continuous stress .

The only thing I am worried about is the Canadian Job Market . When I was researching and talking to employers this year about moving to Canada , Salary is on the lower side but definitely you will be healthier with less stress .

Can I by any chance message you ?
We are exactly in the same boat
We received Canadian PR in Apr 2019 and will lapse in 2024. We live in usa on H1b and recently applied for EB2 to EB3 downgrade. We will get our Ead hopefully in mid 2021 but because priority date is in Nov 2013 the final green card might come after another 5- 10 years for Indian citizens. We are trying to think what we should do. Stay in us or move to Canada. The only reasons to move to Canada are to get citizenship there and avoid risk in usa if there is a small chance in future Ead has issues or green card approval has issues. After going to Canada maybe we can return on TN or H1b after few years and resume green card process here if we want to still move back to usa. Are there other people in this boat and want to know what you are doing?
We are exactly in the same boat. We recently received our AP and EAD, but don't plan to use them and continue primary's H1b status and dependents would move to Canada. Do you know if we move to Canada what happens to primary and dependents pending I-485? Want to know what others in the same boat are doing. Experts please throw some light. Thanks.
 
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justinline

Hero Member
May 19, 2009
302
82
We are exactly in the same boat

We are exactly in the same boat. We recently received our AP and EAD, but don't plan to use them and continue primary's H1b status and dependents would move to Canada. Do you know if we move to Canada what happens to primary and dependents pending I-485? Want to know what others in the same boat are doing. Experts please throw some light. Thanks.
If you leave US aren't you abandoning AOS. If you were planning to move to Canada the best would have been you apply through Consular process and if approved should have changed the GC to Commuter status.
That would have been much cleaner way to deal with your situation.
 

lampbreaker

Champion Member
Apr 7, 2015
1,735
372
While the AP is valid, you are okay to leave the US. However, you will not be able to renew the AP from outside. Generally, they keep the I-485 active as long as you have a valid H1B petition/Visa even if the AP expires. However, it is still somewhat discretionary.
 

hurricane25

Newbie
Feb 23, 2020
3
0
Hi @atkt_forever and @anje , I am in a similar boat with i485 pending (did the EB3 downgrade in Oct 2020) and still waiting for EAD/AP.
Did either of you talk to an immigration on attorney on retain i485 application after moving to Canada? Do we need to convert to consular processing ASAP, or if we get our EAD/AP, we can wait until they expire?
 

canprofus

Star Member
Dec 20, 2019
175
34
Hi @atkt_forever and @anje , I am in a similar boat with i485 pending (did the EB3 downgrade in Oct 2020) and still waiting for EAD/AP.
Did either of you talk to an immigration on attorney on retain i485 application after moving to Canada? Do we need to convert to consular processing ASAP, or if we get our EAD/AP, we can wait until they expire?
Will you be commuting or leaving for good? If leaving for good, you have to change it to consular process by filing i824. It could take up to a year to transfer your file to NVC.

But if you are planning to commute, no need to change to consular process for primary. The recommendation is to just file i485 and not file EAD/AP, and maintain non-immigrant status (H1) for commuting. However for dependents, one might need to file follow to join to have them get GC through consular process or take them in to US when dates are current again through final action date, file i485 and stay there will biometrics are done.