Approved I-140 But Left US: Options Please (JoeF/Attorneys)?


Rahulg

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Hello respected lawyers,

 

I have an approved I-140 from Jan 2011 and left my job with "ABC" in Aug-2013 and H1B was expiring Nov-2014. So I-140 passes 180 day test (if applicable) and with vacations I may have close to 1.5 years of H1B time to recapture. It was 6th year and I was on STEM quota originally.

 

Questions:

1. If XYZ hires me, do I need to apply in STEM next year or would mine be considered a cap exempt case and can be applied anytime?

 

2. What if I go back to ABC - still apply next year or cap exempt?

 

3. If XYZ files for H1B, would I be able to port I-140 or will there be any concerns later on for green card processing?

 

4. In meantime, I got a visitor visa and visited US. Does that matter if I apply for H1B again to recapture previous H1B time?

 

Thanks!

Rahul. 

 

 

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Thanks!  One more minute of your time please:

 

I did forget to mention I have an MS in CS (from 2005) and an MBA both form US as well in 2013. So,

 

A. If I apply next year, would that be in Higher Education quota of 20,000 or apply in regular (because of time lapse since 2013)?

And,

B. To reclaim H1 B left over from ABC from my above post, can I reclaim that at XYZ? And can I apply for that even now or do I wait until Apr (to start employment in Oct'17)?

 

Thanks again for your valuable feedback!

Rahul

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