I140 Approved, Now in India, need to go back to USA

[rahul_cb]

My I 140 was approved in the year 2008. After 3 years of waiting for my PD to be current and to be eligible for to file my GC, I resigned from  my company and returned back to India in Aug 31 2011. My PD is July 2002.

 

Now I want to go back to USA, with my approved I140, what are my options?

 

Please Help!!!!

 

 

[pontevecchio]

What is your H1 history?

[rahul_cb]

My H1B visa expired on 30th Nov 2011.

[pontevecchio]

How many years were you here in H1 status? Have you found out if the I-140 has been revoked? You may be eligible for non cap H1 extensions based on an approved I-140 if not revoked.

[rahul_cb]

Thank you so much for your reply.

 

I had H1B visa for about 12 years. I checked my I140 status online on USICS site and it showed status as approved and that it was mailed to me in 2008.

 

1) Is there any other way to find out if my I140 was revoked other than checking with my previous employer?

2) If I am eligible for non H1 extension based on approved I-140 then can I any employer sponsor my H1B visa and at time time of the year?

3) If my H1B is sponsered by another company and if I go back to USA then what are the steps to file my GC application? As per my understanding my new employer has to file for new labor and I140. The new I140 will get the PD of the approved I140 from previous employer and then I can opt for Consular process or I485 AOS.

 

Again thanks for your input.

[pontevecchio]

1. A FOIA filing may help. Not very promising though. Maybe you have a copy or receipt for the I-140 approval.

2. If eligible, yes.

3. That sums it up.

 

 Now two things,

 

1. Discuss your issues with a Lawyer first. There is a time to spend money and there is a time not to.

2. You also have the option of finding a H1 sponsor for an April filing starting in October, giving you a new 6 years which should let you look for a suitable GC sponsor.

[rahul_cb]

Thanks for your reply.

 

Somewhere I read that If H1B visa holder is outside USA for more than 1 year then he needs to file for new H1B visa. Since I was outside USA for about 2.5 years, then don't I have to file for new H1B visa even if my 140 is approved?

 

If I get new H1B visa then and file my GC with new employer then can i use my PD date of my previous GC (that is June 2002)?

[pontevecchio]

Discuss your issues with a Lawyer first. In the absence of fraud the original PD is available to you for a subsequent filing. Talk to a Lawyer.