Will I get H1 extension in my situasion


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Snapshot of my profile: 

I came to USA on F1 visa and graduated with Master of Computer Engineering 

Got first h1 in 2005

worked for multiple companies 

Filed GC from Company A and Perm, I140 approved. 

Moved out of company A and joined company B. The company A has revoked I140 after 1.5 years of approval. 

Company B - Did not initiate the GC but eventually the company layed off people 

Joined Company C - worked for 4 years and initiated H1 extension and they did not file the GC. Company C has shutdown while the H1 Extension in process while I was visiting my country for family health issues and eventually the h1 extension approved but expired now. 

Company D has filed my h1 extension/transfer from India and eventually petition denied as my I485 dates became current while in India and I140 revoked from company A. 

I am visiting the country on B1/B2 visa now and completed 90 Days. 

Company E is willing to file H1 extension/transfer. 

I have worked in USA for 13 plus years with multiple h1 extensions. 


1. If company A with whom my i140 was approved and eventually revoked, what are the chances of getting h1 extension approved ? 

2. Company E who is also willing to file h1 extension/transfer - what are the chances of approval ? 

3. Given this scenario, which one is the best option i.e going back to Company A or processing through company E as my i485 dates are current. With Company A, upon H1 approval, can reinstate i140 and apply for i485. With Company E, upon H1 approval, have to go through Adv, Perm, i140 and 485. 

4. or file for New h1 next year. 

I spoke to couple of immigration attorneys and one says h1 extension either by COS or Consular processing is possible and the other one says I have to go for new h1 next year and both the scenarios has its own set of problems. For New H1, I need to get picked up in lottery and once approved, I can start working from Oct 2024 and for H1 extension, the moment its approved, I can right away start working. Very very confused. 

Please advise. 

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GC and H1b are two separate routes and both can run parallely.  You may have to go back to company A.  (I doubt if your I-140 is revoked after 1.5 years by company A, as I have been reading that I-140 cannot be revoked after 180 days). 

Hopefully H1 extension by COS or Consular processing should work for you, so you can start working right away.  Good Luck.


Edited by Zodiac System
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Hello - Thank you for the reply.

I have checked the i140 Status online and it says REVOKED. 

As I said. last year one of the employer has filed my h1 extension/transfer and it got denied as my I485 dates got current and I don't have any term left on 6 years of H1. I am getting mixed opinions from lawyers/employers. 

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