H1-B visa with PERM in process and Canada PR

[Tushar K]

Hello,

• Currently I am in The USA on H1-B visa having my PERM in process means awaiting I-140 by this year end
• I am getting an opportunity to go to Canada on work permit with same org A. So if I stay there and get the Canada PR in next couple of years e.g 3-4 years then

1. What will happen to my GC process in the USA as my I-140 still not received/approved?

2. Will I be still eligible to receive my I-140 approved while I am in Canada?

3. If I want to come back to US after 3-4 years will I have the same Priority date? Or need to redo GC if I keep same org A? Or what happens if I change org B in Canada?

Thanks much
Tushar

 

[fr72]

1. GC is for future employment, it will continue if your employer wants it.
2. Same as 1, you can get it approved while outside US as long as employer wants it.
3. Yes, same PD. If Org B is in same company as Org A, and role doesnt change, you dont need new PERM. Otherwise, new PERM (but same old PD)

 

[Tushar K]

1. GC is for future employment, it will continue if your employer wants it.
2. Same as 1, you can get it approved while outside US as long as employer wants it.
3. Yes, same PD. If Org B is in same company as Org A, and role doesnt change, you dont need new PERM. Otherwise, new PERM (but same old PD)

Thank you so much for your response!
So do I need to travel to the USA in that period while I am in Canada? If yes any specific frequency for it?

 

[fr72]

Thank you so much for your response!
So do I need to travel to the USA in that period while I am in Canada? If yes any specific frequency for it?

no need to step foot in the US. There is some nuance when your PD becomes current, but if you are Indian, that is 30+ years away.