H1B Extension - From Canada

Dear all,

I need your input on my situation. I had H1B from 2007 to 2012 (basically from India). My I-140 was approved (Priority Date - 2011 Feb). I moved to Canada and Living here since then. Got my Canadian Citizenship as well. Since my priority dates are current, I wanted to get my GC . I got hold of my employer and he is going to look into take me into the payroll (not sure yet).

Being all said, what are my options to come to US with my situation. Also during 2016 to 2020 I was also travelling to US on TN Visa . Not sure if there will be any implications when I apply for H1B Extension.

Kindly request you to provide any insight regarding the same. Apologize if these kinds of questions has been asked multiple times in the past. Sincerely appreciate your assistance!

You dont really need to be working for your green card sponsoring employer as the green card job is a future job.

If your PERM sponsoring employer still have the green card job for you and is able to pay the salary mentioned in the PERM, they can file adjustment of status (I-485) if you are already present in the US and even if you are working for another employer on TN.

If you are currently not in the US, your GC sponsoring employer can file for consular processing which may take longer as compared to adjustment of status application.

1 Like