Porting the priority date

H

harrykochhar

Registered Users (C)
Hi Experts,
Hope all of you are doing well.

I am H1B visa holder and worked as a Programmer Analyst in US since Jan 2008. I got married in 2010 to a girl from Canada and filed my immigration in Canada. In early 2011, due to some health issues, I decided to move to Canada on my PR. I moved in May, 2011. Before I moved to Canada, I got my new H1B stamp till 2013. So, my H1B is still active and has not been cancelled, yet.

I filed my green card back in 2009 with my employer. My priority date is July 2009. That means, it is current, right now. We do not have any plans to move back to US, anytime soon. My employer might cancel my H1B in next few months.

My questions to all of you are:
1. what happens to my green card file?
2. Is there any way I can reopen this file in future when we decide to move back to US in next 3 to 4 years?
3. Do I need to take any document from my employer to reopen the file in future?
Please help. I appreciate your help and time.

Regards,
Harry
 
If the position is still open for you to accept and if priority dates are current you should be able to file I-485 if you are in US or request consular processing if you are outside USA. The important issue to find out is if your employer still willing to proceed further in this direction, and from your priority date until you finally get immigrant visa your employer should be able to provide documentation whether it has enough money to fulfill requirement of proffered wages (prevailing wages as mentioned in labor certification)
 
Hello whitemimauz3,
Thank you so much for your reply.

There are few things that I need to consider. I cannot hold Canadian PR and GC at the same time. I decided to keep my PR for now, till I receive my Canadian Citizenship. I just wanted to know if there is any scope to port the priority date and get the GC in furture (say around 2.5 years from now). Employer will not be keeping my file open or my H1 valid till that time, for sure. I read somewhere that if the employer terminates H1 and I140 in good standing, there is a possibility to reopen the file or port the priority date in future.

Please guide!!!

Regards,
Harry
 
Once a labor certification is filed and I-140 is approved on behalf of beneficiary, then priority date belongs to you, even if you leave current employer and go to new future employer and if they agrees to file labor certification and I-140 process, you would retain earliest filed priority date.
 
Thank you so much for your reply and guidance. This was really very important for me.

Just another question that came to my mind. Do I need I140 case number to port my priority date. If not, is there any other information that I should take from my current employer so that my new employer in future can port the dates?

The another way to ask this will be what information is required to port the priority date. Is SSN good enough?

Thanks,
Harry
 
You do not need SSN for porting, request your employer to provide you copy of I-140 approval, it should have priority date or else you can request USCIS thru Freedom of Information Act (FOIA) to provide you copies of labor certification and I-140 filed on your behalf
 
Great!!!
I am sure my employer will ask me for a few thousand dollars to give me those documents (labor and I140 copy). Is it ok to ask USCIS for those copies while I am out of US?

Thank You,
Harry
 
harrykochhar said:
Hi Experts,
Hope all of you are doing well.

I am H1B visa holder and worked as a Programmer Analyst in US since Jan 2008. I got married in 2010 to a girl from Canada and filed my immigration in Canada. In early 2011, due to some health issues, I decided to move to Canada on my PR. I moved in May, 2011. Before I moved to Canada, I got my new H1B stamp till 2013. So, my H1B is still active and has not been cancelled, yet.

I filed my green card back in 2009 with my employer. My priority date is July 2009. That means, it is current, right now. We do not have any plans to move back to US, anytime soon. My employer might cancel my H1B in next few months.

My questions to all of you are:
1. what happens to my green card file?
2. Is there any way I can reopen this file in future when we decide to move back to US in next 3 to 4 years?
3. Do I need to take any document from my employer to reopen the file in future?
Please help. I appreciate your help and time.

Regards,
Harry
Click to expand...
Did you get your GC approved based on the old PD?
 
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