Can I delay filing CP?

[Nag1d]

I have an approved labor and I-140 with a priority date of March 2008 (EB-2). I recently got tired of the wait and the unpredictable situation of the visa dates and moved to Canada (where I got my PR). My employer in the US agreed to keep my I-140 alive. Now, two months after coming here, I find that the visa dates have moved significantly and the prediction is that by September this year, my dates would be current. Since I have just moved here and somewhat settling down, I feel I should wait till I get my Canadian citizenship and then apply for Consular Processing. This will however take about 3.5 years. My question is, if my employer continues to keep my I-140 alive until then, can I file for CP after 3.5 years? Is there a timeline after dates become current by which you need to file for CP?

I have got myself into a situation by my own choice which in hind sight looks really foolish. However, I would like to make the most of this situation and get things back on track. I am looking to get the Canadian Citizenship and then the US green card. Any information and advice is greatly appreciated.

Regards,

Nag1D

[Belle]

You can delay as long as you have the job offer from the sponsoring employer. 2 years, 10 years or 20, does not matter.

[Nag1d]

Belle,

Thanks for the response and the clarification. So, does this mean that I have to go back and work with this employer?

Would I have options to work for another employer directly after consular processing? Also, for CP are there any documents that I would need form my sponsoring employer? I have the soft copy of my approved I-140 only.

Regards,

Nag1D

[Joe.F]

Originally posted by Nag1d:

Belle,

Thanks for the response and the clarification. So, does this mean that I have to go back and work with this employer?

Yes.

If you use CP, you have to have a valid, notarized job offer from the original employer.

Changing employers is only possible when an I-485 is filed and pending for 180 days.

And of course, the PD has to be current.