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Why come on h1 again. Stay in Canada for couple of years and come on an L1A visa. Green card line is way shorter!
Dude, why think so negative? You can't control things which are not in your hands. Visa issues tend to make us worst case scenario people. Lemme give you worst case scenario, you will work in the US for the rest of your life on a TN visa, make a lot of money and retire in Canada (better health care and all).
Here is my understanding. When you are exiting the country on H1B, you can recapture the left over (6 years - your US stay) for up to six years from your exit. With the I140, you should be able to apply for your H1B anytime, if you cross 180 days with your I140 approval.
Can I come back after 5 years after gaining Canadian passport? Will my H1B be cap exempt assuming PD doesnt move? To rephrase, how long your H1B remains cap exempt after you leave the country with i140 approved?
It’s complicated. You can’t keep you feet in 2 boats simultaneously. You need to make a decision. Option 1 - Decide to stay in Canada and get your Canadian citizenship (4-5 years after PR), Option 2 - Negotiate and ask the company to file an L1-A once you complete a year. I would lean on the latter if that works out.
I think you have one year after suspending it. Then you’ll need to reapply with the lottery pool.
I-140 has nothing to do with it. It only allows you to extend beyond 6 years.
Why don’t you plan to use TN visa after getting CAN passport?
M1 thanks. I have heard two things. It is either what you have said or till PD becomes current, you could use i140. Was confused with it.
OP - PD stays forever. And based on 21st century act, as you have 140 approved you are cap exempt and can renew your H1B forever until your date gets current, even after it has expired for a few years, of course only if you have a valid job and the employer has to follow the procedures. My H1B had expired for 2 years but I successfully re-entered by renewing it. What you are suggesting is a creative way to avoid living in US amidst the visa struggles and come back once things are better.
Of course yes.