i140 aproved,eb3,expected application to be current in 3 years then 485. canada pr ok?

R

ramzi1978

Registered Users (C)
Hello,
I have an I140 aproved, being spouse of h1b. Iam on h4. And i am therefore not the primary on us immigration application and not allowed to work in us.
Can i go to canada and get canada pr and spend the remaining time there?
Question 1 please: can i stay in canada for ever and still get and keep gc since i am not the primary? if not, how long in the process can i stay?until 485 aproved? Until 485 filed? On h4 i assume i can stay outside us
In all cases i will (if not jeoopardizing gc?) apply pr before obtaining green card.

Question 2: what if i get pr before green card,what if while on green card i get pr
So please can i know the outcomes of all scenarios and consequences so i can make wise decision? Have been in here on h4 without work for 4 years.

Thanx a lot for ur efforts, ur forum is awesome. I looked and similar questions were already in gc,couldnt find similar to my case.
How does beinjg secondary with canada pr affect or not the future of my and primary's green card?
 
Hi,
I think some clarification is needed in order to answer some of your questions.

1. I-140 usually implies you have a employee that is sponsoring a green card application. Is that the case? I am not sure what you meant by "I have an I140 approved".

The timeline for 485 will depend on what type of application. If it is EB3 then it could be from 5 -10 years. If it is EB2 then it is faster. If it is through a spouse then that also varies.

I don't know much about Canada PR process but if I understand your question, american PR and Canadian PR process does not have any impact on each other. You can have a pending application in the USA and live in Canada. However, after you get the green card, there are certain length of time you need to be in this country.
 
clarifications of my issue

Thanks a lot for your response,
I hope this clarifies my situattion:
Expected date to be current for i485 filing is mid 2014
Expected actual green card is 2016 or later
I140 filed april 2008
The forecasts are based on Current visa bulletin for eb3 which is around april 2005

Yes, my wife is sponsored for green card by her employer,
I am on h4, dependent on her h1b, since 2006.
Her i140 was aproved in 2009 and our priority date is may 2008, under eb3.

I figured since i am not working here, i could get a canada pr and may be a passport before the us green card arrives.

However, when filing the i 485, one has to show intent to live permanently in thee us.
A canada pr on the passport will be an issue.

The question that i cannot answer is how does the canadian pr affect my green card i 485 filing and consequently the green card?

By the time i get the green card, my issue will be resolved as i would have gotten canadian passport and can live permanently in the us since i wont be required to live in canada.

I apreciate any advise or correction to my forecasts and calculations.
 
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