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Tust326

H1B based on I-140 approval. Canadian PR - move there and coming back.

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Hello All,

My current H1b is based on the I-140 approval. Expiration date Sep 2020. I have a Canadian PR and want to move there and see how things works out. My question is if things do not work out so well and I decide to move back to the USA within my H1B expiration date, can I do that. Can I come back based on my H1b validity, or should I have to apply as a new applicant.

Is it recommended to move to Canada when I do not have any job lined up and have a solid job in the USA. I am doing this for peace of mind, spouse employment and career change, which is not possible in the USA while on H1b.   

Thank you for your response and any suggestions. 

 

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When you quit your job, the employer will most likely withdraw the H1B petition. So, you will not be able to return using the same petition. If they have not withdrawn it at that time, then you can return to work for them.

If they withdraw the I-140 also and if more than 6 months have passed since it got approved, USCIS will not revoke it. Hence, the same or different employer can use this I-140 to file a cap-exempt petition for you at that time.

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I presume you are currently working with a valid I-797 with validity date Sep 2020.  If you want to come back to USA before Sept 2020 then you need to have a valid H1 visa, which is easy to get for Canadian PR in Canada, and a valid I-797.  An employment letter would be good to have as well.

Note that if your employer revokes your H1B then, some other employer have to apply for your H1 again based on your approved i-140.

Edited by satya2k1

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Good you have Canadian PR . Move there , settle in border town , find a job in near by US Cities . You can keep commuting. In case you need to commute every days also should not be an issue. 

Now with I 140 based extn in case you find a job in Canada you can take it for few years and ask your employer to file H1 based on I140 approval and come back to USA . May be things will be better by then.

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Hi,

Yes you can go out of country and come back before your current H1B expires. But you should have job at the time you come back to US since you need to go for stamping . Even If you already have stamping as you are coming back after a long time CBP officer might question about your job.

I can not comment on going to Canada as i don't have any idea about jobs in Canada.

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