srinivasysr2003 Posted February 3, 2020 Report Share Posted February 3, 2020 Hi, I have approved Labor and I-140 with priority date of May 13, 2010 (labor filed prior to 365 days of completion of 6 years by company B). I came to US in April 2005 from company A. Moved to company B on Jan 2010 and this company file for GC process and have approved I-140. Again moved to company C on 21st May 2018 and left it on 28th Sept 2018. Left the US on Oct 30th 2018 (Completed almost 13 years by keep on applying extension on my existing GC process). Living in India since then, so almost 1 years 3 months since I left United states. Company C H1-B extension status as when I have checked today 3rd Feb 2020 "Notice Was Returned To USCIS Because The Post Office Could Not Deliver It On January 17, 2020, the Post Office returned a notice we sent you for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXXXXXX, because they could not deliver it. This could have a serious effect on your case. Please go to www.uscis.gov/e-request to request a copy of the notice immediately. If you move, go to www.uscis.gov/addresschange to give us your new mailing address." That means I have stayed outside US for 1 year or 365 days, after 13 years on H1B by applying extension in GC process. As you know technically right now not on H1B status. Now if I have to go back to USA, 1. With the same/another employer (changing employer now), can I apply for 14th year extension using approved I-140? 2. Since I am out of USA after H1B expiry for more than a year, will 14th year be termed as extension or new H1B? (or) 3. Will I have to apply for a new H1B under 65000 Quota? 4. If any above option does not work, do I have any other option without applying new H1-B? 5. If I am eligible to use I-140 approved for apply extension, please provide official guideline where it is mentioned with respect to my situation. Quote Link to comment
cyberlord Posted February 4, 2020 Report Share Posted February 4, 2020 1. Yes, you can file a cap-exempt H1-B petition as long as your I-140 was approved for more than 180 days. 2. Most likely it will be a new H1B petition which is cap-exempt. 3. No 5. You need to file an employer who is willing to sponsor you. Let them know you are cap-exempt. Quote Link to comment
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