priyank15

Hi, My Situation I had filed for GC in 2014 in EB2 category and got my I-140 approved. After this I switched my company twice; 2016 & 2018 both times did H1B transfer. I have been getting H1B extensions based on my GC application. During my second H1B transfer I got an RFE but since I was done with my client project at the time, my employer could not resolve that issue. I searched for a new project (was employed with an Indian Consulting firm) for few months before finally returning back to India in November 2019. I have been working in India since 2019. I have been wondering how do I get back to the US now. My concerns: 1) I may have overstayed my Visa when there was an H1B RFE; was searching for job before returning back to India. I have not calculated yet how long I stayed. 2) What is the status of the GC which had labor and I-140 completed. Can this GC application be still usable? Thanks, PD

Hi, I have come back from USA in 2019 and have been working in India since then. I have stayed in USA for 15-16 years (from 2003 till 2019). At the time of returning I was on H1B Visa for 11/12th year (Graduated with MS in 2007 & Extension based on GC application in 2016). I had a Query in the latest application for extension and was denied. (I was out of Project at the time and not supported by my Employer). For this reason I decided to come back to India. I have a couple of Questions: 1) How can I plan to return to USA - searching, applying for jobs, finding an employer who will sponsor my new H1B, 2) Can I use my GC (Which had I-140 approved) to continue the processing or do I need to start the GC application from Scratch? Thanks, Eagerly Awaiting a response.

Thank you for all the valuable responses. I have had an approved i-140 before and my H1-B application was for transfer + extension(I am currently in my 9th year).By the responses here I feel like possible options 1) Contact an Attorney and discuss my case to get options 2) try to get a new job with a company ready to sponsor my h1B So right now I have an old I-797 approved and expired, new H1B application receipt and currently in RFE. If I even leave out the school option for now I am wondering how can I explain my current visa situation to Recruiters and Company HR where I interview, and what should I expect from them? I believe the school option is more to get Back in F1 status which would an active valid status rather than to use the CPT on day1. I can do my job search & preparation on the side while I resolve the visa status issue. Please Advice, Thanks

Hi, I am employed with a consulting company based in fremont, CA and I have filed my H1B through him which is in process and I have received an RFE in that. I am trying to get more details about the RFE and how I can respond to it but my employer is not providing me with the details. he is actually saying that he does not wish to proceed with the RFE response. I am not sure because he has not provided me with the official documents of the RFE. I want to get those documents and see the details. I also do not intend yet to take any adverse action and want to resolve this peacefully. On the other side he is suggesting to not respond to the RFE but get an admit from school here and be on F1 and work on CPT/OPT. I also want to know if I can apply for other jobs in other companies and start a new H1B process? Eagerly need some advice. Thanks