canada to usa with previously approved i140

[canim]

Hi,

 

Need some advise on my situation below:

i worked in usa on h1b with employer A, i140 approved with priority date of march 2012. left to Canada as I got my Canadian PR. Employer A asked uscis to revoke 140 since i left the company and started working for another company in Canada. USCIS denied the revoke request since its more than 180 days (few years) since i140 was approved. I am planning to move back to usa in a few months(march/april 2024) as I am a Canadian citizen now. since my priority date is close and if it becomes current by jan/feb next year what would happen in below scenarios:

• do I need to file 485 within one year of priority date becoming current? is there a one year deadline to file i485?
• if I choose to come back with another employer do I have to start 140/labor/cert again and would that have to be done within one year? is there a one year limit/deadline?
• if my employer A is willing to get me back (its a third party consulting company) would I need a client offer/contract and can I directly file i485 if my date becomes current or do I have to start over with i140 since employer A had asked for revoking before (due to leaving the company)?

Appreciate f you can help me and provide some guidance on the above questions.

 

 

[Attorney_22]

16 hours ago, canim said:

Hi,

 

Need some advise on my situation below:

i worked in usa on h1b with employer A, i140 approved with priority date of march 2012. left to Canada as I got my Canadian PR. Employer A asked uscis to revoke 140 since i left the company and started working for another company in Canada. USCIS denied the revoke request since its more than 180 days (few years) since i140 was approved. I am planning to move back to usa in a few months(march/april 2024) as I am a Canadian citizen now. since my priority date is close and if it becomes current by jan/feb next year what would happen in below scenarios:

• do I need to file 485 within one year of priority date becoming current? is there a one year deadline to file i485?
• if I choose to come back with another employer do I have to start 140/labor/cert again and would that have to be done within one year? is there a one year limit/deadline?
• if my employer A is willing to get me back (its a third party consulting company) would I need a client offer/contract and can I directly file i485 if my date becomes current or do I have to start over with i140 since employer A had asked for revoking before (due to leaving the company)?

Appreciate f you can help me and provide some guidance on the above questions.

 

 

It is advisable to speak directly with a U.S. immigration attorney to discuss your options, but in general, if the I-140 was withdrawn after January 17, 2017, it can still be used for cap-exempt H1B time provided your priority date has not been current for more than a year. A new employer would also need to start a new PERM/I-140 process for you unless you are going back to the original employer, in that case they need to re-file the I-140 if that position is still available. 

[canim]

Thanks for the response @Attorney_22. Appreciate your help! Have some follow-up questions-

• Is there a rule/limit to file within one year of date being current. if so what does it apply to- filing h1b or AOS/485?
• If i go through a new employer how long does perm/i140 take currently and does that have to be approved within one year of date being current. if it takes more than a year would there be an issue?
• if i go with previous employer what do they have to show to refile i140 and how long does it usually take.

Appreciate your help and response!