ppal_h1b Posted February 19, 2014 Report Share Posted February 19, 2014 Hi, I was in US for 6 years and my priority date is aug 2011. I was working with company A who started my GC and i have i140 approved. I moved back to india and joined a new company here. Now company B is sending me to US on L1. What are my options here in order to get GC? * Can company B ( US company) sponsor my GC? * Will they need to redo i140? * Or do i need to switch back to H1 either with company A or any other company to proceed with gc? Link to comment
jairichi Posted February 20, 2014 Report Share Posted February 20, 2014 Hi, I was in US for 6 years and my priority date is aug 2011. I was working with company A who started my GC and i have i140 approved. I moved back to india and joined a new company here. Now company B is sending me to US on L1. What are my options here in order to get GC? * Can company B ( US company) sponsor my GC? * Will they need to redo i140? * Or do i need to switch back to H1 either with company A or any other company to proceed with gc? Yes. Yes. If company B files GC in EB1 category it will get approved quickly (probably in a year) Link to comment
ppal_h1b Posted February 20, 2014 Author Report Share Posted February 20, 2014 Thank you. But who will need to sponsor my GC. company A's india unit or US unit? Link to comment
jairichi Posted February 20, 2014 Report Share Posted February 20, 2014 Thank you. But who will need to sponsor my GC. company A's india unit or US unit? US. Link to comment
Belle Posted February 20, 2014 Report Share Posted February 20, 2014 You don't need to switch to H1. For an immigration case, your non-immigrant status is rather irrelevant, as long as you are not out of status. Link to comment
ppal_h1b Posted February 21, 2014 Author Report Share Posted February 21, 2014 Suppose the l1 doesnt happen or the employer doesnt agree for gc on l1, what are my options? * wait for fresh h1b quota, get someone to file my h1b (company A or a new company) and then go to US after stamping in October? * Change from AOS to CP and continue process from India? Is there any way i can go back on h1 with company A without waiting for quota? Link to comment
jairichi Posted February 21, 2014 Report Share Posted February 21, 2014 Suppose the l1 doesnt happen or the employer doesnt agree for gc on l1, what are my options? * wait for fresh h1b quota, get someone to file my h1b (company A or a new company) and then go to US after stamping in October? * Change from AOS to CP and continue process from India? Is there any way i can go back on h1 with company A without waiting for quota? As long as your I-140 is not revoked by employer A you can get H1B extensions without going through quota. Link to comment
ppal_h1b Posted February 21, 2014 Author Report Share Posted February 21, 2014 I am 100% they havent revoked by I140. But they withdrew the h1 as advised by the lawyers. Are you sure I don't need to go back on quota? I did get an extension on my H1B ( AFTER COMPLETING 6 years) for 3 more years before i moved to India. This april I will be completing one year stay out of US. I would appreciate anyone else comfirming the same after which I can talk to the lawyers. Link to comment
jairichi Posted February 21, 2014 Report Share Posted February 21, 2014 I am 100% they havent revoked by I140. But they withdrew the h1 as advised by the lawyers. Are you sure I don't need to go back on quota? I did get an extension on my H1B ( AFTER COMPLETING 6 years) for 3 more years before i moved to India. This april I will be completing one year stay out of US. I would appreciate anyone else comfirming the same after which I can talk to the lawyers. Based on approved I140 there is no need to go under cap again. You could consider talking with an independent immigration attorney to confirm this. Link to comment
ppal_h1b Posted February 23, 2014 Author Report Share Posted February 23, 2014 Thanks. Now that i have covered some ground here will contact a lawyer for further assistance. Thank yoi. Link to comment
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