GC process while outside US


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Country of Citizenship - India

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.

 

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