I am on H1B visa since 2008 and my I-140 is approved with priority date of Sep 2012. We got our Canadian PR this year in June 2018. We are considering moving to Canada. If we move, will we lose opportunity to get GC? Is there way to maintain H1B while living in Canada and file for GC when our Priority date becomes current?
IMO you can keep your I140 date. When it becomes current , just ask some company to file I485 . I could be wrong
You have some leeway with the PR in Canada too. Requirements to keep it are to do 6 months of 4 years during a 6 year period. So technically you can "land" and then spend 2 more years in the US.
Numbers you said aren’t correct. Clock starts on landing. Check the correct numbers here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4
Coolio1 is right! GC is for future employment so any employer can sponsor your GC irrespective of you are in the country or not.
I have also heard of someone who lives in Canada and works in Seattle. Canada counts partial days as a day so you can commute twice a week and be in office 4 days a week with each of those being partial days in Canada so Canada will consider you present all 7 days. Not recommending it but...
Do you have to pass through border control? Don't they ask questions?
Yes, in theory you'd want a Nexus pass. I don't think there's anything illegal, so ya they ask questions but what would be the problem? People commute the border to work all across the border.
That is interesting, was not aware. Do you know people who have done this ?
Ah ok , was aware of it for visas - did not know happens for GC too
Living outside the US does not affect your priority date. Yes, you can leave and come back when your priority date is close to being current. You don't need to "maintain" H-1B status. Thanks to your approved I-140, you will remain cap-exempt indefinitely. However, if you fail to file for adjustment of status or an immigrant visa after your priority date has been and remained current for an entire year, then your I-140 and priority date are cancelled, and you have to start all over again. So you'd better keep an eye on that visa bulletin.
Lookup Consular Processing
Thanks everyone! Appreciate all your replies... I will look up counselor processing
Curious about what decision did you end up taking?
@OP it has been almost an year. Were you able to do some research and come to a conclusion? Reason I am asking is because I am in same boat as you !!
I answered the OP's question in my comment.
thanks. Read it
No I don’t think you can “maintain H1B” while being out of the country. Make a choice !