drona
07-11 02:54 PM
Let's get some stats on how many employment-based green card applicants are from the state of California. Perhaps they are printed on a DOS, USCIS web site or report. I am sure the number is high (San Jose etc.)
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senthil1
06-26 02:30 PM
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
Could you please point out the section where it says dual intent for H1 will be removed ?
Could you please point out the section where it says dual intent for H1 will be removed ?
sanu121
12-22 05:07 PM
Austin+1
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slowwin
03-02 10:45 AM
bump
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uffyegc
10-16 02:51 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
sathweb
02-04 04:31 PM
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
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iman.karta
04-15 05:33 PM
Dear Sir/Ma'am,
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
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sweet_jungle
10-05 11:08 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
more...
hnordberg
October 25th, 2005, 04:24 PM
But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
I like Michael's ideas, but a list of choices would be nice.
I like Michael's ideas, but a list of choices would be nice.
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kedrex
02-10 09:37 PM
I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.
more...
hoosier07
07-18 02:59 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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purgan
09-14 08:26 PM
Its coming around to that time of the year again... an article on the (ultimately unsuccessful) effort to raise the H-1B/EB cap last year. This refers to the infamous S. 1932 bill
Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)
What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.
Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!
========
Budget bill would boost green cards
By Stephen Dinan
THE WASHINGTON TIMES
October 31, 2005
The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
"We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
"These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
"We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
"We're going to need every Republican we can get to pass it," he said.
The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
"Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.
Immigration restrictionists argument at the time, was "we should not be doing immigration in this bill". So when should it be done- in the CIR Bill. Well, CIR has come and gone by, and still there is no relief to the H-1B/EB blackout. Will these people support the SKIL Bill after Nov? I don't think so. So what will be their excuse this time? Let's wait till next year for comprehensive reform again:)
What these airheads don't realize is that they're only strengthening momentum for CIR by opposing SKIL, Bill Gates and the big tech lobbies, healthcare lobbies, universities, Chamber of Comemrce, and other business groups such as NAM are going to add tremendouly to the strength of the H-1B/EB reform version of CIR.
Sometimes i just feel that CIR should pass big time and 15-20 million illegals be legalized, so these folks are 'immigration-desensitized". It will happen under a Democratic House, an even more Democratic Leaning Senate and a President determined to do something in his penultimate year in office. Watch out for 07!
========
Budget bill would boost green cards
By Stephen Dinan
THE WASHINGTON TIMES
October 31, 2005
The Senate's budget package includes provisions that would make available hundreds of thousands of green cards for new permanent legal immigrants, in what is shaping up as the next congressional fight over immigration.
The bill's measures would "recapture" 90,000 unused employment-based immigration visas and would exempt family members from counting toward the cap, which is set at 140,000 per year.
Based on past trends, exempting family members would mean an additional 150,000 permanent legal immigrants annually. About 1 million people become legal immigrants each year.
The change is part of the deficit-reducing budget reconciliation bill, which is on the Senate floor today and includes billions of dollars in cuts in Medicaid and other social spending and allows for oil drilling in the Arctic National Wildlife Refuge.
"We should never be doing immigration policy inside this kind of bill," said Rep. Tom Tancredo, Colorado Republican, adding that he will vote against the bill if it makes it to the House.
The Senate Judiciary Committee, which was faced with a deficit-reduction target, chose to meet it in part by selling to employers the 90,000 unused immigration visas and by raising the fee on employment-based visas by $500 each.
The panel also voted to allow 30,000 more workers per year under the H-1B temporary-visa program.
The measure is supported by universities, hospitals, technology companies and the U.S. Chamber of Commerce, which say there is a shortage of qualified workers.
"These are workers who already have been certified by the Department of Labor for positions U.S. workers could not be found, or who are internationally recognized for research and other achievements," the Chamber of Commerce said in a letter of support.
The chamber also said many of these workers are in the country and that the Senate bill just streamlines their pursuit of green cards.
Deborah Meyers, senior policy analyst at the Migration Policy Institute, said the changes make sense because the current system doesn't accommodate the need for high-skilled workers and would help reduce a backlog in applications from India and China, where those now being accepted applied at least four years ago.
But critics say the money raised -- about $120 million a year -- does not compensate for the damage to Americans seeking jobs.
The Coalition for the Future American Worker, made up of groups that back stricter immigration limits, will begin running a newspaper ad lobbying Congress this week to oppose the changes.
The bill first must clear the Senate and then go to a House-Senate conference committee, and some House members said they will try to ensure the provision isn't included in any final bill.
"We don't expect there to be any immigration provisions in reconciliation. This is not the time or place for controversial immigration provisions," said Rep. Lamar Smith, Texas Republican.
Mr. Smith said party leaders will have a difficult enough time passing the budget bill without adding immigration to the list of issues covered.
"We're going to need every Republican we can get to pass it," he said.
The House budget bill does not raise immigration levels. Instead, the House Judiciary Committee met its budget-cutting goal by increasing the fee for L-1 visas, another temporary-worker program, by $1,500.
The Senate debate on legal immigration comes even as Senate Majority Leader Bill Frist, Tennessee Republican, announced last week that the Senate would take up broad immigration reform early next year.
The overall bill is expected to tackle legal and illegal immigration, border security and interior immigration enforcement.
Amy Call, a spokeswoman for Mr. Frist, said he supports the legal immigration increases but considers them "a temporary stopgap measure."
"Recapturing old, unused visas will only help satisfy some of the current excess demand for highly skilled workers, but at some point even this pool of recaptured visas will be exhausted," Mrs. Call said.
The bill also increases H-1B visas from 65,000 to 95,000 in fiscal 2006 and raises the fee employers pay by $500.
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martinvisalaw
10-15 03:47 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
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forgerator
08-20 02:34 PM
The only thing I can think of is to get hold of some relative or friend in Canada, send them $150, have them get the Scotia Bank receipts, and fedex them over to me.
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looivy
10-01 10:47 AM
Do they do a name check for EAD as well?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
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vxg
07-27 03:10 PM
Thanks. I will ask my employer if they can provide me one.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.
more...
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Since1997
08-13 11:32 AM
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ? Thanks! Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
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GCBy3000
08-23 04:40 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
I talked to the contact person at competeamerica.org
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
I talked to the contact person at competeamerica.org
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
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rpulipati
09-08 01:03 PM
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
sanprabhu
10-02 09:40 AM
Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
baburob2
07-02 10:34 AM
based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.
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