Green Card processing after leaving USA

[pxarora]

Country of Citizenship - India


Immigration Timeline:

Jan 2009

- I came to US on L-1B visa with Employer A. My wife accompanied me on L-1B.

Oct 2012

- I got my H-1B with Employer A. My wife status changed to H4.


Dec 2013

- Employer A filed PERM. Priority Date Dec 2013. Category EB3 (India).


Aug 2014

- I-140 approved.


Sep 2018

- I and my wife applied for Canada PR under Federal Skilled Workers program in Sep 2018.


Jul 2019

- We got our Canada PR.
- Visited Canada to complete the landing process. Came back to US.


Aug 2019

- Employer B filed H-1B. Approved till Aug 2022.
- I joined Employer B.


Feb 2021

- Employer filed Prevailing Wage Determination.
- PERM expected to be filed later this year.


Now, Canada immigration laws require us to live in Canada for a minimum of 2 years within the first 5 years from the date of receiving our PR for us to be eligible to renew the PR when it expires.
Therefore, I and my wife, along with our kids are planning to move to Canada. My Employer B is yet to confirm if they will be ok with me being an employee of their Canadian branch.

Questions:

1. If Employer B agrees to retain me and continue my GC process after I move to Canada, what are my options of coming back to US once I reach the I-485 stage?

2. In case I wanted to come back to US, will Employer B be able to extend my H-1B (no lottery) based on my previously approved I-140 while I am in Canada?

3. If my employer does not agree to retain me and I move to Canada at this time, can another US Employer file an H-1B transfer using my previously approved I-140 in case I want to come back to US in future?



PS: My PD is current but Employer A is not willing to file AOS for me. Hence, the questions.


Thank you!

[Libra_14]

1. If Employer B agrees to retain me and continue my GC process after I move to Canada, what are my options of coming back to US once I reach the I-485 stage?

GC process is independent of your current H1 - so it will continue even if you move to Canada. You just need to keep your H1B renewed so that you can return to USA using that visa.

2. In case I wanted to come back to US, will Employer B be able to extend my H-1B (no lottery) based on my previously approved I-140 while I am in Canada?

Yes.

3. If my employer does not agree to retain me and I move to Canada at this time, can another US Employer file an H-1B transfer using my previously approved I-140 in case I want to come back to US in future?

Yes, again you need to ensure you keep that petition renewed

My PD is current but Employer A is not willing to file AOS for me. Hence, the questions.

I guess you can file AOS yourself without any need any help of EmployerA.

[pxarora]

Thank you.

When you say "You just need to keep your H1B renewed", how can I do that if I am not working for the US employer? If my current I797 expires, is there an option for me to get an H1B extension in the future via a different employer using my approved I-140 while I am not in US?