aj_murthy Posted May 2, 2019 Report Posted May 2, 2019 I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008. Got 140 approved in May 2009. In June 2016 i moved to employer B and got H1 transferred and valid till June 2019. In Dec 2016 i had to move back to India. I never got the visa stamping done on the latest H1. Now if I apply for a new visa from India do i fall under the yearly H1b cap? Also for my current employer to file for an extension do I have to be physically present in the US?
gopalakrishnach Posted May 2, 2019 Report Posted May 2, 2019 I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008 .. Got I140 approved in May 2009... this confuses me. I thought once I140 approved it will have priority date...
aj_murthy Posted May 5, 2019 Author Report Posted May 5, 2019 On 5/2/2019 at 10:56 AM, gopalakrishnach said: I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008 .. Got I140 approved in May 2009... this confuses me. I thought once I140 approved it will have priority date.. The priority date on I140 says nov 2008
JoeF Posted May 6, 2019 Report Posted May 6, 2019 On 5/1/2019 at 7:09 PM, aj_murthy said: I have been on H1b with employer A from 2005. My GC processing was started by employer A and priority date is Nov 2008. Got 140 approved in May 2009. In June 2016 i moved to employer B and got H1 transferred and valid till June 2019. In Dec 2016 i had to move back to India. I never got the visa stamping done on the latest H1. Now if I apply for a new visa from India do i fall under the yearly H1b cap? Also for my current employer to file for an extension do I have to be physically present in the US? If employer A didn't revoke the I-140 you can get an H1 without going through the quota.
aj_murthy Posted May 13, 2019 Author Report Posted May 13, 2019 On 5/6/2019 at 11:43 AM, JoeF said: If employer A didn't revoke the I-140 you can get an H1 without going through the quota. Checked with employer A and came to know that employer A withdrew the I140. Does that mean i wont be able to apply for extension as cap exempt now? Also if i transfer to a new employer will i come under the yearly quota.
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