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gcseeker2013

H1B after 6+ years

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I worked on H1B for 6+ years as I had approved I-140. Later the company that petitioned my I140  shut down and I left for India. After working in India for 3 years I now have a job opportunity in the US. My question is:
1)Can I apply for H1B visa?
2)Will my application be subject to cap?
3)Can I apply under Master's quota as I have US master's degree?

4) Do I have to undergo consular processing?

5) Is it a good idea to travel on B1/B2 and then apply for change of status?

Thank you in advance for your help.

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If your petitioning company shut down before 180 days of issue of your I140, then you will require a new I140 petition.

If your petitioning company shut down After 180 days of issue of your I140, then your I140 is valid and your new employer can apply for your transfer.  Good Luck.

 

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11 hours ago, gcseeker2013 said:

1)Can I apply for H1B visa?

Your future employer can.

11 hours ago, gcseeker2013 said:

2)Will my application be subject to cap?
3)Can I apply under Master's quota as I have US master's degree?

Your attorney will decide, most probably it will be H1B extension based on previously approved i-140.

11 hours ago, gcseeker2013 said:

4) Do I have to undergo consular processing?

May be, It's always USCIS's discretion regardless of your attorney filing COS.

11 hours ago, gcseeker2013 said:

5) Is it a good idea to travel on B1/B2 and then apply for change of status?

Not a good idea to avoid H1b interview/stamping. Any specific reason you're dodging H1b interview ??

COS takes long time and eventually you will have to go for stamping. 

B1/B2 is for business/tourism purpose-  entering on it and then requesting COS will be "intentionally lying at point of entry to Dept. of Homeland Security " just to enter US when your actual purpose is not tourism but to work. 

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Discuss the matter with the firm of Murthy or any of your choice to get guidance in view of the I-140 sponsor being shut down.

 

 

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On 8/31/2021 at 7:15 PM, Zodiac System said:

If your petitioning company shut down before 180 days of issue of your I140, then you will require a new I140 petition.

If your petitioning company shut down After 180 days of issue of your I140, then your I140 is valid and your new employer can apply for your transfer.  Good Luck.

 

Thank you for your responses. The company that sponsored my I-140 discontinued operations in 2016. Does the 180 day rule still hold good? I believe the USCIS Job Portability Rule took effect on Jan 2017.

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On 9/6/2021 at 7:50 AM, gcseeker2013 said:

Thank you for your responses. The company that sponsored my I-140 discontinued operations in 2016. Does the 180 day rule still hold good? I believe the USCIS Job Portability Rule took effect on Jan 2017.

Good to check with your attorney on this.  Good Luck.

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