Extending expired H1B based on new I-140


back2usa

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Hi - thanks for reading and sharing your opinions on this post.

I completed 6 years of H1B with Employer A from Oct 2007 - June 2014. My I-140 was approved with Employer A in May 2014, and I received 3 years extension based of i-140 from July 2014 to July 2017.

In June 2015, I switched to Employer B and started working on receipt notice. Employer A withdrew I-140 after I left. In January 2016, received RFE and attorney replied and eventually denied in Fed 2016, I moved back to India March 2016. I still had 14 months left on H1B. Employer B attorney did not share details of RFE and shared denial notice as USCIS revoked I-140 in December 2015. (Last updated date for i-140 changed to June 2015 on my USCIS account, which means they received communication from Employer A that I left.)

I joined Employer C in India and have been working with them since 2016. They want me to go onsite, so we had consultation with an attorney, and have two options, but Employer A says they are not possible?

1. File new I-140 based on old expired Perm. Is this possible for Employer A to do new I-140 based on old perm? 140 was timely filed.

2. Employer C wants to do new labor and I-140 while I am in India, but they are asking if the remaining 14 months can be captured using the new I-140. Is this possible?

Thanks!

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