GC Spot when opted for CAN PR

[savi9494]

Hi, seeking for some advise on the following:

Background about my case:

1. I have utilize my first H1b (3 years).
2. Second H1Renewal submitted June 2019 is in process and received the receipt of submission.
3. i94 expires Aug-23-2019.
4. Applied for EB2 and received approval notice and priority date is 05/11/2018
5. Recently got Canada PR and planning to move there and start looking for job and then I will have to end up withdrawing my H1B/RFE whenever that gets processed.

Can you please let me know:

1. If I end up withdrawing my H1B will it create any issue in case down the road if I apply for H1?
2. what happens to my Eb2 Spot, will it impact my priority date? or will it be cancelled?

Thank you in advance.

 

[pontevecchio]

1. No

2. Your PD remains the same for this or any subsequent GC filing.

[JoeF]

US GC is independent of an H1. Your PD is also independent of the H1 or residency in another country.

However, the US does not allow people having residency in more than one country. Once the US GC is approved you will either have to abandon residency in Canada or lose the US GC.

[pontevecchio]

Look at it this way. You will be a Canadian Citizen in 3 years. Your EB2 is possibly not going to be current for 5 years or so.