MithilB Posted April 9, 2019 Report Share Posted April 9, 2019 My case is as below: I have done my 2 years Masters from US and have worked with a single employer for first 3 years of my H1B which ended on 12 September 2018. When my employer was planning to file H1B extension they found that my I-94 was expired for 7 months, since my old passport had an earlier end date. With a possible 3 years bar and an uncertain time period for 212 d3 waiver, my employer withdrew the H1B extension application in September 2018. Around the same time I received I-140 approval for my green card filing with same employer. Current status of my green card case shows approved on USCIS website. Not sure if my employer has revoked/withdrew the green card application. Now, I’m back in US on H4 visa status and didn’t need to file any waiver. Officer at the consulate said it’s a common mistake and granted me visa. My wife has H1B visa but she doesn’t have I-140 approved, so I can’t work on H4 EAD. Given these scenarios, my questions are: 1. Since I’ve used 3 years of H1B, if I find a job - with same employer or a new one, would I be cap exempt for remaining 3 years of my H1B? Can my H1B for remaining 3 years be filed at any time of the year or did I just miss the April deadline? 2. Do I need to start the new job with the same employer who sponsored me for first 3 years? Is it like, the need to restart my H1B for same position and then only I can change employer in future? Or any employer, who is willing to hire me and sponsor my H1B, can file for H1B for remaining 3 years for me. 3. How do I find from USCIS if my green card application is still active and was not revoked/withdrew by my employer. It’s been more than 180 days since my I-140 was approved. Would that be of any help in my situation? Link to comment
NotAnAttorney Posted April 9, 2019 Report Share Posted April 9, 2019 1. cap-exempt, can be used now. 2.not necessarily. any employer can file COS for H4 to H1 and you can start working after approval. 3.yes, you can use it to get extensions after utilizing the 3 years you have now. Link to comment
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