Hi,
What happens to the GC priority date after one has moved to Canada and the date is now current? I have an approved (non-revoke) I140 with a 2012 priority date. Will I lose the the date if I do not submit the I485 (via an employer)?
I am sure a lot of folks who moved to Canada from the U.S also have an approved I140 and was wondering if they ever plan to go back when the GC dates become current.
thanks,
-v-
Afaik once your priority date reaches the final decision state, you have an year to find an employer and apply for a green card via consular processing.
You can’t have them file a i-485 while you’re in Canada as the 485 is a change of status and you need valid status in America for that to happen.
Another option is to find an employer who will file a H1B cap exempt petition for you, to then move back to America and then file a I-485.
If however you’re not able to file for a green card within an year of your priority date becoming current, then you will forefeit your priority date and have to start everything afresh.
So if your intention is indeed to settle in America or to get a green card, you should move fast to find an employer who is willing to sponsor you for an employment based green card. I think the current final action dates are for 2011 and COVID has really helped move the green card queue for people of Indian birth much faster than it had moved in years.
The 1 year rule is correct, you lose the priority date if I 485 is not filed within PD becoming correct. @panditji do you know if that 1 year is from the FA date , or the Filing date becoming current?
The FA date, I believe.