I140 is revoke while I am in india

[ramnayak1]

My I140 approved was with Company A and after that joined the Company B on June 2013 and got H1b ext till Feb-2016 from Company B. I moved to india Sept 2014. Company A sent mail that Feb 2014 they are going to revoke I140 and when I was in india October 2014 Company B withdrawn/revoke the H1B which has validity till Feb-2016.

 

My question is that Can i Activate my revoked H1b to same Company B / new employer again?

[jairichi]

Any employer can file a H1B petition and it will be approved only till Feb 2016 as your I-140 is revoked. To get new 6 years you need to go under cap again.

[ramnayak1]

jairichi, thanks for the quick response. It's very helpful. I am currently exploring different options of coming back to US and not having a break once I am in US. 

 

I have few more questions. Even though Company A informed that they have withdrawn the I-140 after 1 year of approval, when I go to USCIS site, they still don't show cancel / withdrawn / revoked status. The message displayed is:

 

Correspondence Was Received And USCIS Is Reviewing It. On October, 2014, we received your correspondence for Form I-140, Immigrant Petition for Alien Worker , Receipt Number xxxx. We are reviewing your correspondence, and will mail you a notice if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

1) Is it possible that my I-140 is still active. Asking as I read on one of the forums that if I-140 is withdrawn after 1 year, it has no effect on the status. Is it true?

2) If I-140 is not active, is it possible for same Company A to refile / reactivate it?

3) If Company B refiles for the H1 again before Feb 2016 for the recaptured 5-6 months, is there a way they can file my labor simultaneously so that I don't have to come back to India after 5-6 months are over?

4) What other options I have, if any?

 

Just FYI, both Company A and B are willing to help me.

 

Thank you very much in advance!

 

Regards.

[jairichi]

 

jairichi, thanks for the quick response. It's very helpful. I am currently exploring different options of coming back to US and not having a break once I am in US. 

 

I have few more questions. Even though Company A informed that they have withdrawn the I-140 after 1 year of approval, when I go to USCIS site, they still don't show cancel / withdrawn / revoked status. The message displayed is:

 

Correspondence Was Received And USCIS Is Reviewing It. On October, 2014, we received your correspondence for Form I-140, Immigrant Petition for Alien Worker , Receipt Number xxxx. We are reviewing your correspondence, and will mail you a notice if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

1) Is it possible that my I-140 is still active. Asking as I read on one of the forums that if I-140 is withdrawn after 1 year, it has no effect on the status. Is it true?

2) If I-140 is not active, is it possible for same Company A to refile / reactivate it?

3) If Company B refiles for the H1 again before Feb 2016 for the recaptured 5-6 months, is there a way they can file my labor simultaneously so that I don't have to come back to India after 5-6 months are over?

4) What other options I have, if any?

 

Just FYI, both Company A and B are willing to help me.

 

Thank you very much in advance!

 

Regards.

 

1. Do not trust website update. Confirm with employer.

2. If I am not wrong it has to start from beginning.

3. B can file PERM even now. But, only a labour or I-140 pending for approval for more than a year will get you an extension.

4. If you are working in managerial capacity and B has a US office you can explore L1A option.

[ramnayak1]

Thanks again!

 

"B can file PERM even now. But, only a labor or I-140 pending for approval for more than a year will get you an extension" 

This seems to be most promising option. Sorry for naive questions but can you please elaborate this option to help me understand how it will work in terms of timeline and steps involved considering Company B's H1 petition is valid till Feb 2016 and I have about 5.5 months of recaptured time from initial 6 years H1-B quota. 

 

"If you are working in managerial capacity and B has a US office you can explore L1A option."

Even this seems to be a good option but I don't think my position fits in the description of L1A. My position influence the hiring, firing or financial decisions but not directly responsible. Do you think I might still be eligible?

 

Or is there any other option besides these two?