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jobanmarwah

I 140 and H1B retention for relocating to India

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HI all,

I am in a slightly unique situation and would like to know the answers to questions plaguing my mind. Here is my situation:

initial 6 years of H1 have completed.

140 approved by employer A and i stayed with employer for about 1 year after 140 approval

Changed job and have valid H1 till 2018 but initial employer filled to revoke 140. Current perm process has started but I am moving back to India for some personal emergencies and current employer wont reach 140 state before my departure.

What i want to know is

1) If i ever come back, will i need to apply for H1B in lottery again? Or will I be exempt?

2) Even on the revoked 140, will i retain my PD?

 

 

any replies by experts here will be highly appreciated.

 

Joban

 

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1. Till 2018 you will be cap exempt. Without an approved I140 there is no more extension after that.

2. An attorney in this forum has states that PD cannot be retained after revocation of I140.

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Just to Add, my case status on the USCIS site just says they sent me approval on <date>. There is no revoked status.

my employer did send a revocation request about 11 months after the 140 was approved, but that request shows pending from almost 1 year now.

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Just to Add, my case status on the USCIS site just says they sent me approval on <date>. There is no revoked status.

my employer did send a revocation request about 11 months after the 140 was approved, but that request shows pending from almost 1 year now.

I would not trust online status. File a FOIA with USCIS.

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A priority date can generally be retained after revocation if that revocation was not because of fraud or misrepresentation. This can change either because USCIS stops following its guidance or if USCIS actually changes the regulation on priority date retention.

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