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Options for Canadian Citizen to continue GC process ,with i140 approved & PD current.

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  • Options for Canadian Citizen to continue GC process ,with i140 approved & PD current.

    Current State

    1. Canadian Citizen Indian born

    2. Filled GC with company X DEC 2008 in EB3, PD = DEC 2008

    3. I 140 approved in 2011

    4. Moved to Canada with company Y in2013 (Stayed with company X more than 180 days)

    5.Received the NVC Case number Aug 2018 (9 FAM 504.13-2(A) )

    5. PD date is current now , DEC 2008



    Future Goal



    Complete The GC process

    Need expert advice on below options and their feasibility , plz suggest if anything better available
    1. Ask my previous company X to provide the letter of engagement for i485 . What are the probability of getting the letter? Since its for future employment
    1. In case #1 is happy path(got the letter)
      1. Transfer to US with current Canadian company Y via TN visa . File i485, AOS wait for EAD . Is it feasible?
      2. Bottle Neck
        1. Seems like Y are not a good fan of filling any labor. (Last 2 yrs 11 h1b and 2 GC) , so H1B and fresh i140 looks dim.
    2. Stay in Canada file for i485 and file CP. Is it feasible?


    1. In Case #1 not happen and company doesn't give the letter.
      1. Rejoin Company X move to US in TN visa and file the i485 , AOS . Need feasibility and Time?
      2. Since i140 is already approved can I file H1B without CAP? .And Can I join any Company XYZ and go for fresh perm and 140 utilizing current PD. Need time to get EAD?

  • #2
    hey, i am in similar situation now with my priority date current and my employer who filed for my original petition does not have job anymore. how did you proceed? Do we need employer support to go through consular processing? did you hire an attorney in Canada to help?

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