H1b reinstate after 3 years and GC question


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Hello all,

Following is my background and questions. Please help me in this.

Thanks in advance... :)

Background (in chronological order):

Held F1: did my MS from US university

Got Job, Held H1B: Company X filed by H1B starting from 2006 - 2009

In 2007: Got the H1b stamped by visiting Canada.

During 2008: Company X filed Labor and I-140: both got approved in October 2008

In 2009: quit job and came back to India, got job in Company Y in India

In 2011: Company Y filed B1 for me. Went to USA for 3 months

In 2012 (now in India): willing to go back to US and am looking for some employer to find some solution for me to go back.

My Questions:

1. What are the ways I can go back to US?

2. Can I get some employer Z to file an H1b -reinstate as I only used 3 years of previous H1b? (not a fresh H1b)

3. Can I get some employer W to resume my GC process, of which only last stage is remaining (use the same priority date)? My priority date became current in March.

4. Since GC process is for prospective employee anyway (as I understand it) can I stay in India and the employer W continue my GC process there in USA? What are the pros and cons?

Thanks again in advance! Hope somebody gives me a ray of hope here...


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Generally, if an individual has not used their full allotment of H1B time they are entitled to utilize the remaining time without filing a Cap-Subject petition. However, unless your I-140 sponsor is willing to continue the old offer of employment with that organization, you will be required to start a new PERM process from the beginning with the new employer. The good news however, is that in most circumstances you should be eligible to utilize the earlier priority date. To discuss this in more detail it is advisable to speak to a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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Thank you guys for your replies!

@Pontevecchio: i don't think my employer X will be ready for this. Their stock is under $1 these days from some $13 earlier. But I'll check with them for sure.

@Attorney_22: Do you mean, even if my employer X has used the Labor and I-140 they filed for me for somebody else's case, I'll still get to use my priority date?

Also there is something called "porting the I-140" via which I'll be able to resume my process (with the old priority date) with some new employer right?

Also I found something called Consular processing via which I can resume the GC process by staying in my home country. I hope it's still valid and works in my case.

Your views on this?

Thanks much!

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