H1B extension Denied , does my Green card processing still be valid?


Dileep21

Recommended Posts

My H1B extension denied on 08/18/2018 and traveled back to home country.

My employer has started my Green Card(GC) processing  in 2017 and it's currently in progress(applied for PERM in September 2018). My question is does my GC process will be valid even my H1B extension denied. If yes, at which stage of GC processing I can travel back to USA?

Link to comment

GC process is totally separate from your H1.  There is no direct link between H1 and GC.. Any employer can initiate GC process for a candidate because it is for the future employment.  You can travel to USA when you get your GC, or if you have a valid H1 with valid job offer or other non-immigrant visa in your passport. 

Link to comment

did you use all the 6 years of cap?

If yes, then you can travel back only when the 140 is approved, and after which your employer would be applying for H1B extension based on 140 approval.

If you have not used 6 years then you can travel anytime you have someone file for your H1B( current/new employer) and get visa stamped and fly to US.

 

Link to comment

Archived

This topic is now archived and is closed to further replies.