Can I reclaim years from my previous H-1B?

[sanjaylal_2012]

Hi,

I entered US in July 20th 2000 and left on 7th Feb 2009. I submitted my first green card application in 2004, on the basis of which I was able to get a year extention till 2007. I again applied for green card in 2007 and subsequently cleared the second stage in May 2008. Using this approval of second stage of the green card, I got my H-1B extended through a new employer from Oct 2008 to July 2011. Unfortunately, this new employer was a startup which went out of business in late October 2008. I moved back to an old employer who had still not cancelled my H-1. This H-1 was valid till July 2009. I however resigned in December 2008 and got paid till 31st December 2008. I left US in first week of February 2009 after getting Indian visa for my 6 month old daughter.

Given the above information, would I be able to reclaim the number of years left on my H-1B which was valid till July 2011? Please note that this employer notified USCIS about the layoff in November 2008. So, in all probability this H-1B must have gotten cancelled by the time I left US in Feb 2009.

Expert comments will be highly appreciated.

sanjay

[pontevecchio]

dO YOU HAVE AN APPROVED i-140?

[sanjaylal_2012]

I-140 got approved in June 2008. I'm not sure whether the employer through which it got approved has gotten it cancelled. How would an approved I-140 help?

[pontevecchio]

An approved I-140 makes you eligible for H1 extensions.

[sanjaylal_2012]

Hi Pontevecchio, would the eligibility for H-1 extensions apply even when I've spent significant number of years outside US? What if the employer has cancelled this I-140?

I've read somewhere that the I-140 has to be alive(not cancelled) if one is eligible for H-1 extensions beyond 6 years while in the US. Is there a way one can find whether I-140 is cancelled without contacting the employer.

very much appreciate your help.

An approved I-140 makes you eligible for H1 extensions.

[pontevecchio]

The cancelled I-140 makes H1 extensions impossible. Just ask him.

[sanjaylal_2012]

Hi Pontevecchio, I checked the status of this I-140 that was approved in June 2008. The USCIS website says the following :

"On June 18, 2008, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER.

I also checked the status of the H-1 for the company that went belly up in the crisis of October of 2008. This employer had asked its lawyer to revoke the H-1s of all its employees who had been working on visa. This case was approved on 7th October, 2008. The status of this application says the following:

"We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on December 2, 2008, and are now reviewing our earlier decision."

This clearly shows that the employer asked USCIS to cancel this petition.

That the status of I-140 only shows notice of approval, I assume that this I-140 is still valid (not cancelled).

This green card application was filed for an engineering job. Now, assuming that this I-140 is still valid, can I use it to file for an H-1 in a different job category, say financial consultant or business analyst?

appreciate your help.

[pontevecchio]

Yes.

In any complex scenario one would need to involve a Lawyer.