Please help - confusing scenario

K

karnam

Registered Users (C)
Hi,
Can someone please advise, here is my unique scenario
1. I was working in US, finishing my 6 year term in Jan' 2005.
2. GC was applied in California in Apr,2003 and got my state labor approved in May,2004. Application was sent to Federal Labor on May 30th,2004.
3. Got the 7th year extension also.
4. Meanwhile I got a full time offer in Canada and moved to Toronto in Nov,2004. Got my passport stamped with this new approved H1.
***My reason for moving outside USA was that Labor WAS taking a long time in CA, so spend a year outside US and come back through same employer who filed my GC. If labor was approved by then I can use it, if not the waiting period would be less and I will be on new H1 also.
5. Now that backlog center is in place and things are move fast, how does all of this effect me.
Is it ok for me to be here for few months and comeback, or staying out at this stage would effect my GC??

Thanks,
 
There was no need for you to move outside USA since your 7th yr H1b extension was approved based on your labor pending more than 365 days...

As long as you have a labor or I-140/485 pending for more than 365 days, you can continue to get one yr increments on your H1b.

As long as your GC sponsoring company supports your application, there is nothing to worry. As you might be knowing, you need not have worked for the company who sponsors your GC as GC is for future employment.

What you can do is, you can continue to work in Canada till your federal labor gets cleared and then come back to US and file for I-140 and 485 concurrently.

Any other thoughts??
 
Since the priority date retrogression is due in Jan 2005, may be you will have to wait for more time even if your labor is approved.
 
Can you please explain what "priority date retrogression is due in Jan 2005" means?

Thanks for your time and response
 
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