Labor cleared filed I-140 (without I-485) can I leave country for 2 years.

Bidu

Registered Users (C)
Situation: I have labor (EB3- RIR) cleared, filed I-140 Jan 2007, will file I 1485 once PD (April 2004) gets current.
I live in Canada since May 2006. I work in USA commuting from Canada daily 5 days. I have to drive 105 miles daily to and fro and also have to suffer waiting too much, traffic –rush etc. Maintaining h1b on contracts is real difficult for me for next 3 years (to PD be current). I can not work as independent contractor at my own too in USA. However I am getting good job offers in Canada. I want to keep running my GC case with my employer ( asked employer and he ensured I can leave and either work in Canada ) or have to work in near by border area in USA, if through employer (G.C. one)

Questions:
Possibility 1:
Can I have another h1b to work in USA as full time employee if another company just near border, agrees. Could I obtain another h1b without transferring?

Possibility2: If I work in Canada for next few years and return when PD is current.
How I will maintain address in USA for those years. Can I give my now-employer’s address or keep a mail box ? Please suggest possibilities. What else is needed?
Can I file Zero income tax returns for those years ( how if I am not on any h1b?).?. Do I have to file income taxes -need to maintain that ? as requirement for future I-485.
How easy is to file fresh h1b after 3-4 years later? Do I will have to file in newer quota or previosu reference of last 7 years h1b used ( sorry! I have no knowldge).

Possibility 3:
I will apply for 3 years h1b ( based on un-approved I140, just filed 2 month back) or wait until I-140 is cleared within next 6 months, and continue the job till then. And then leave the Job once have 3 years visa stamped and work in Canada for next 2-3 years.
my 7th year h1b is expiring in July. Can I apply for 3 years h1b based upon I140 applied and not approved yet?
On 3 years approval,, could I get it stamped ( my Indian passport expires after 9-10 months)?. Will that 3 years stamp be valid and can I return after 2 -3 years before it expires based upon continuing same job?

What is the possibility that application for new h1b visa gets refused?
Please suggest what should I do ?
:confused:
 
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You don't need to live in the US or maintain a US address during the GC process, as long as your employer is willing to continue the process while you are outside the US. Once your PD becomes current, you then file for consular processing and do the fingerprint & interview at a US embassy in Canada.

All the other complex scenarios you described seem like you are just begging for trouble.
 
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