Reply

8老师好，

我之前美国H1b没有抽到就搬家到加拿大了（同一个雇主），绿卡是搬过来之前申请的EB3, priority date 是2019年2月。我现在人在加拿大，并且绿卡的priority date 也current了，我想问一下是否可以在加拿大申请美国绿卡。谢谢！

-Because you have not got H-1B status before, it is difficult for you to come to US to file I-485. If you enter US using B2 status, you need to stay in US at least 90 days to file I-485. Also, because you have immigrant intent, it is very dificult for you to get B2 visa or enter US using B2 visa. So, it seems you have to apply for the immigrant visa outside US using consular processing.

Are you a permanen resident of Canada or a Canadian citizen? If no, you cannot apply for the immigrant visa in Canada because consular processing must be processed in the alien’s country of permanent residence or home country.

So, you may have to ask your employer to file I-824 to ask USCIS to forward the approved I-140 to the National Visa Center (NVC) for processing for you to apply for the immigrant visa in China if you are not a permanent resident of Canada/Canadian citizen. If you are a permanent resident or Canadian citizen, then ask your employer to file I-824 for consular processing in Canada.

Discuss it with your employer and the lawyer!