I-140 approved ....returning back to US after one yar....


anil_bit

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Hi Folks,

I need advice on my Greencard:

Priority Date: June 2008

Category:EB3

Qualification: Master's Degree (US) + 6 years exp

I was tranferred on oil sands mining project for the same employer from Houston (US) to Calgary (Canada) office...I have been in Canada for last 1.5 years...my H1-B expired in April 2010..

My questions are:

1) If I come back to US on a new H1-B can I continue my greencard process with a new employer and maintain the same priority date?

2)My new employer will upgrade to EB-2 since...now I am professional engineer in US and Canada...and will be hired at senior postion...for the new employer...will it be hard to upgrade to EB-2? Can old employer revoke I-140 after approval?

3) I also hold B1/B2 visa currently and regularly visit US every 2 months to meet my wife who is F-1 visa? Will converting from B1/B2 to H1-B impact my green card application in the US?

5) After staying outside the country will I get another six years?

Please let me know.

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  • 7 months later...

Hi Anil,

Not sure if you ever got the answer to your question but I had a question to ask? You said, you have a B1 visa with an approved I140. I am currently out of the US on an internal transfer for one year. My H1 is still valid but is probably in the 'suspended' mode. I was wondering if I can apply for a B1 visa to make an official trip. Since B1 is a single intent visa, whether having an I 140 result in automatic denial of visa.

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