Approved i140 and Coming Back To US on Expired H1B


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Current Status

a.     Green Card: i140 Approved

b.     Priority Date: July 2012

c.      In US: from July 2008 (Around 9 years)

d.     Additional Note: Have Canadian Permanent Residency. Must move by June 2018 to retain the same.

2)   Questions

a.     If we move to Canada:-

                                               i.     Will my approved i140 remain valid or get expired?

                                              ii.     And plan to come back in couple of years then my existing expired H1b can be used or I have to go through lottery again?

                                            iii.     If my US Green Card date becomes current, then how can I pursue the same provided I am in Canada?

1.     In case I stay with current employer?

2.     In case I change employer while moving to Canada?

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i. 140 will remain valid

ii. If its with same employer then you can apply for extension or you have to get a new H1B 

iii.1. You can proceed further but you need to do certain amendment because you are out of country, please contact attorney for the correct details. Also there are some rules to be followed like you have to work for that employee who sponsored your GC for certain time etc.,2. New employer has to start your PERM & get a new 140 but your earlier PD can be ported.

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