I-140 approved and moving to Canada

[venkat8]

Hi Guys,

My I-140 approved with PD June 2015. In EB2 category, I am looking at least 7+ years for GC in current situations. I want to know

If I move to Canada right now with PR and live for years until I get my Canada citizenship (mostly 4 years), will my priority date is still valid ?. I am confident that I can find an employer at that time in future for my re-entry to US.

Your suggestions are much appreciated !!

[raghvi]

Hi Guys,

My I-140 approved with PD June 2015. In EB2 category, I am looking at least 7+ years for GC in current situations. I want to know

If I move to Canada right now with PR and live for years until I get my Canada citizenship (mostly 4 years), will my priority date is still valid ?. I am confident that I can find an employer at that time in future for my re-entry to US.

Your suggestions are much appreciated !!

Unless legislation changes it in future, Priority date is for you to keep and will not be lost . Do keep copies of I140 for future references. Few things to keep in mind .

- Acquiring Canadian citizenship will not speed up the US GC process.
- Once back in US for a different employer/role, though priority date can be kept, the PERM and I140 would have to be refiled, so keep in mind time taken for those too.
- Once 6 Years of h1 exhausted, you would need to be part of fresh cap in order to get H1.

This is my opinion not legal advice.

[venkat8]

Hi Raghvi,

Thanks a lot for your reply. So I understand I can keep my PD even after moving to Canada for 4 years and that's a good news. First 2 points you mentioned are fine for me. For last point, you mean I have to apply for H1-B in the lottery system (hopefully H1 hype will be down by that time and lottery is not needed). That doesn't effect my old priority date right ?.

Thanks

[raghvi]

Hi Raghvi,

Thanks a lot for your reply. So I understand I can keep my PD even after moving to Canada for 4 years and that's a good news. First 2 points you mentioned are fine for me. For last point, you mean I have to apply for H1-B in the lottery system (hopefully H1 hype will be down by that time and lottery is not needed). That doesn't effect my old priority date right ?.

Thanks

No it does not.

This is my opinion not legal advice.

[sats7]

I 140 approved and moving to Canada

Unless legislation changes it in future, Priority date is for you to keep and will not be lost . Do keep copies of I140 for future references. Few things to keep in mind .

- Acquiring Canadian citizenship will not speed up the US GC process.
- Once back in US for a different employer/role, though priority date can be kept, the PERM and I140 would have to be refiled, so keep in mind time taken for those too.
- Once 6 Years of h1 exhausted, you would need to be part of fresh cap in order to get H1.

This is my opinion not legal advice.

@raghvi: regarding the second point that you mentioned above: from what I understood: a different employer can file my PERM and port my priority date from my I 140 filed by my former US employer. But do I need to come back to the US, and work/stay during the I 140/I 485 stage? In other words, do I need an H1B? Can I continue to live in Canada while my PERM-->I140-->I485 happens?