Refilling GC after a 1 year gap outside US

[Santosh321]

Hi,

I was working in the USA until May 2011 which was close to end of my second term of my H1. So i returned back to India. However, now I have an offer from my office and would like to apply for my new H1 in april 2014. During my first term I had filed for my GC in May 2007, but I got a denial in my labor certification in Oct. 2008 regarding the incomplete paperwork. My lawyer said it was too late (18 months) to appeal and my GC didn't go further. So now i am back in India and would like to go back on a new H1.

when I go back and file for my GC is there a possibility to consider my original date of 2007 filing to get it in the track again, or would they consider the new date. Also is it easy to get a visa on second term.

Please advise.

Thank you.

S

[JoeF]

The old PD is gone.

A PD can only be reused if there is an approved I-140 from the earlier application.

[Attorney_11]

A priority date can be retained between approved I-140 petitions only. Depending on personal circumstances, an individual can recapture unused H-1B time from previous H-1B periods in the US. It is a good idea to speak with a qualified immigration attorney to determine a personalized immigration strategy.