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forumSection: Moving to Canada from the U.S., subForumSection: H-1B Holders in the U.S.
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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) ?
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) ?
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
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) ?
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.
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
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.
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