Priority Date has become current

[udaynath]

I would like to know how to proceed ahead from my current situation.  I had initially gone to USA on a B1 visa through company A and after my assignment got completed, I came back. This was between June 2002 and August 2002.

Later on in January 2005, I went to the USA on a H1B visa through company X. I was with them for a little over 2 years. I changed my employment to company Y in April 2007. I stayed with them for seven years. I left their employment in May 2014. I decided to come back to India. While I was with them, they had filed my Green Card. My Labour and I-140 got approved while I was working with them in the USA. During the filing , the status was that I will go in for Adjustment of status in USA

I am currently residing in India and just found out that my Priority date has become current. I checked out with company Y who had filed my GC. They told me that my I-140 has not yet been revoked by them.

What are my chances of getting GC? And How do I proceed next?

Edited February 8, 2019 by udaynath

[pontevecchio]

Does Y want you back for the job for which the GC was applied.?. If so you can use consular processing.

[udaynath]

On ‎2‎/‎9‎/‎2019 at 4:13 AM, pontevecchio said:

Does Y want you back for the job for which the GC was applied.?. If so you can use consular processing.

It was a consulting company and they do have opportunities similar to the one they had filed during my Labour application. My skill sets are still very rear and at demand.  They do not mind getting me back.  Is there any risk involved, since my labour got approved 10 years ago and I am in India for almost 5 years now.

[pontevecchio]

Then change to Consular Processing.

[udaynath]

Can I put for consular without the employer?  Or have another employer paying better with same job description.

Edited February 11, 2019 by udaynath

[pontevecchio]

Consular Processing can only be for the job and employer who sponsored you. If Y for whatever reason will not have a job for you,you cannot use the approval. You can try and get in to the H1 cap  this year through any good employer and if that works use the existing PD for another filing which should be concurrent. 

[udaynath]

5 hours ago, pontevecchio said:

Consular Processing can only be for the job and employer who sponsored you. If Y for whatever reason will not have a job for you,you cannot use the approval. You can try and get in to the H1 cap  this year through any good employer and if that works use the existing PD for another filing which should be concurrent. 

Since I have an approved and unrevoked I-140 from previous employer, will I be considered under Cap Exempt H1B for a new employer. Can they file my H1B anytime of the year? Or Do they need to file H1B under new season which officially starts on 1st April?

What if my previous employer says they can file for H1B and do AOS in USA? Will I be considered under Cap Exempt H1B. Can they file my H1B anytime of the year? Or Do they need to file H1B under new season which officially starts on 1st April?

 

[pontevecchio]

If the PD is current further H1 extensions are not possible. Should you get in to the cap, you will have lots of time to locate a good employer as somehow I suspect the Consulting company is not on the level.

[skjay]

I am also in same boat, In India for past 6 years. As my employer(consulting company), attorney is not suggesting to go for consular processing as the Labor filed is more than 10+ years and RFE's will be more. He is advising to apply H1-B extension and once in US, advicing to file 485.  Pls share your details we can discuss. 

[udaynath]

So is there a problem if GC Labour is more than 10 years old? Also, Can H1B extension be filed by the same employer after a gap of 6 years? Wont there be RFE stating why there is gap of 6 years for H1B extension.