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I am in USA on H1B with an approved I140/EB2 with priority date somewhere in Aug, 2010. The approved I140 is more that 180 days old. I have my current H1B approved (9th year extension based on approved 14o) till January 2019 from employer A (the same employer who filed my I140). My country of birth is India.
Now a few years back I also filed for Canadian PR and got approved. I have to move to Canada by Aug, 2017 in order to meet the Canadian PR obligation (2 years out of 5 years). I plan to move to Canada as I am not sure how long will it take to get my priority date current (given that the demands for EB2 India has gone up dramatically in last 2 years).
Now in case the priority date becomes current when I am outside USA, I will not be able to file my I485.
In some of the threads I read that the I140 may be revoked if I do not file within 1 year of my priority date becomes current. Not sure if that true only for consular processing or applicable to AoS also ?
My question is if my priority date becomes current sometimes in 2018 or 2019, and I cannot come back to USA during that time, will my I140 and the priority date will be void ? Will I ever be able to use them in case I decide to come back to USA after 5-6 years ?
Or do you think while moving to Canada, It would be better to change from AOS to CP ?
In case the employer who filed my I140 is still interested to support my CP case, will I have to appear to the US consulate in Canada when my priority date becomes current ? If I cannot do that, then will that revoke my current I140 and priority date within 1 year of the priority date becomes current ? In case the employer is not willing to support my CP case when the priority date becomes current, will that also revoke my priority date and I140 ?
Now a few years back I also filed for Canadian PR and got approved. I have to move to Canada by Aug, 2017 in order to meet the Canadian PR obligation (2 years out of 5 years). I plan to move to Canada as I am not sure how long will it take to get my priority date current (given that the demands for EB2 India has gone up dramatically in last 2 years).
Now in case the priority date becomes current when I am outside USA, I will not be able to file my I485.
In some of the threads I read that the I140 may be revoked if I do not file within 1 year of my priority date becomes current. Not sure if that true only for consular processing or applicable to AoS also ?
My question is if my priority date becomes current sometimes in 2018 or 2019, and I cannot come back to USA during that time, will my I140 and the priority date will be void ? Will I ever be able to use them in case I decide to come back to USA after 5-6 years ?
Or do you think while moving to Canada, It would be better to change from AOS to CP ?
In case the employer who filed my I140 is still interested to support my CP case, will I have to appear to the US consulate in Canada when my priority date becomes current ? If I cannot do that, then will that revoke my current I140 and priority date within 1 year of the priority date becomes current ? In case the employer is not willing to support my CP case when the priority date becomes current, will that also revoke my priority date and I140 ?
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