Moving to Canada while I-140 approval is pending

[srk007]

Hello,

I am expecting my Canadian PR shortly. My employer applied for I-140 earlier this year and it is expected to be approved June 2017. I am intending to move to Canada June 2017 since my H1 I-797 expires early June. 

Please help me answer the following: 

1) Can I leave before I-140 approval and ask my employer to retain it in-case I intend to return after a few decades when dates might become current?

2) Is 180 day stay, post I-140 approval or I-140 approval a pre-requisite to make use of this benefit mentioned in my first question?

3) If I decide to stay a bit in US, I might need to land shortly in Canada and do an AVR upon return? My visa on passport is F1 which I got in 2009. I have been living here on H1 since 2012 after change of status from F1-H1 and no H1 stamping done. Can I still use AVR option while returning from Canada to USA?

4) In-case, I apply for an extension for H1, how long does it take for processing since premium processing is stopped? I need to land in Canada before later October and hence need to know the processing time for planning purposes. 

Thank you,

srk007

 

[Indian_TX]

#1, Yes, you can use your H visa for travel

#2, Your question is not clear. refer to https://www.murthy.com/2016/01/27/priority-date-retention-i-140-revocation-protections-proposed-regulation/ which might clear your question.

#3, Once you have your H visa your F visa has become invalid hence You need to go for stamping for H visa if you leave the border.

#4, It could take between 6-12 months.