pr in canada eb2 in usa

HSB019 – PR in Canada vs Green Card in U.S.A. (and My Kind of Advice)

Raghu Podcast 4 Comments

H1B workers in the U.S. are getting Permanent Residency in Canada. And they are faced with a tough decision once their Canadian Permanent Residency is approved. Today’s podcast is inspired by the following question from Kelly.

Hi Raghu
My company is helping me with the green card process for USA. My I-140 was approved few months ago. I cannot proceed with I-485 application as the time when my EB2 priority date (Sept 2014) becomes current is many years away.

I had also applied for Canadian PR and it has already been approved. So if I move to Canada now, I can live & work there as a permanent resident.

In the future, can I come back to USA when my EB2 priority date becomes current ? and continue my green card process ?
As far as I understand, my new USA employer would have to start the green card process again under EB2 but my old priority date(Sept 2014) can be used so I don’t have to wait to file I-485. Are there any issues with this ?

In this Episode Raghu Talk about

  1. Part 1: EB2 in U.S.A and Moving to Canada
  2. Part 2: Why readers come to me for their advice and my kind of advice
  3. Part 3: The cost of advice (and how not to seek advice)

Right click here and ‘save as’ to download this episode to your computer.

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Comments

  1. Hey Raghu,
    Really appreciate the advice you’ve given to several of us over the years.
    Honestly though, can we get a transcript of the podcast? It’s easier to pick up from where one leaves off and this is just me, but I prefer reading.

    1. Author

      I have to work on transcripts. I’m trying to keep the expenses low. If I find a low-cost transcriber, I can get the text published as well. It’s going to cost 50 cents per minute. It would cost me $20 for this episode. #FACTS.

  2. Raghu, I listened to the podcast – I understand your view that a new employer needs to file the I-140 again, etc, but one advantage the original poster may have is the ability to file the new I-140 and the I-485 concurrently, subsequently.

    However, INA 203 (g) is worth noting, and means that the poster will have only 1 year from the time that the priority date becomes current, to come back to the US and begin concurrent filing. Failing to do so will cause a revocation of the old I-140 and the priority date under INA 203(g).

    1. Author

      New employer can file i140 and i485 concurrently if PD is current. But they should have had PERM approval. Chance of new employer doing PERM for future employment in the US while person works in Canada is less likely.

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