Was on H1B valid till Oct2014. Went back to India. Now want to come back.


dbalz

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Hello Folks,

I was on H1B visa as a full time employee with a reputed company in the Bay Area. I started with them in 2008, worked with them throughout till May 2012 when I went back to India to pursue my MBA from IIM. My first 3 year extension was filed in 2011, and had a valid H1B visa will Oct 2014.
I just finished my MBA and want to come back to the US. I was wondering, how will I have to go about it. Will I have to file a new application.. or is there anyway I can resurrect my old visa. My company had started my green card process and I have an approved I-140. But to re-instate.. when I left.. the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll. But I doubt they would have done anything 'malicious' with my 1-140 .. they would have just left things as were.

Please help. Can I get a job and just continue my old visa somehow.. without having to do a fresh application?

Thank for all your help.

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Hello Folks,

I was on H1B visa as a full time employee with a reputed company in the Bay Area. I started with them in 2008, worked with them throughout till May 2012 when I went back to India to pursue my MBA from IIM. My first 3 year extension was filed in 2011, and had a valid H1B visa will Oct 2014.

I just finished my MBA and want to come back to the US. I was wondering, how will I have to go about it. Will I have to file a new application.. or is there anyway I can resurrect my old visa. My company had started my green card process and I have an approved I-140. But to re-instate.. when I left.. the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll. But I doubt they would have done anything 'malicious' with my 1-140 .. they would have just left things as were.

Please help. Can I get a job and just continue my old visa somehow.. without having to do a fresh application?

Thank for all your help.

If your I-140 is not revoked by employer then an employer has to file a cap exempt H1B petition. On approval of petition you can approach an US consulate for visa and later travel to US.

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Thank you jairichi and t75 for your answers.

 

I talked to a friend who was in a similar situation and he said something along the same lines but did not metnion anything any having to use I140. He just said that I can file for a cap exempt H1B and use the 'unused' portion of my Visa. Can you give a little clarification how the I140 comes into play here?

 

t75 -  I did not understand the line "However, a GC would be granted for that job not your new one." . Can you please try explain it another way.

 

And lastly, where can I check to confirm if my I-140 was revoked or not?

 

Thank you all once again.

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Thank you jairichi and t75 for your answers.

 

I talked to a friend who was in a similar situation and he said something along the same lines but did not metnion anything any having to use I140. He just said that I can file for a cap exempt H1B and use the 'unused' portion of my Visa. Can you give a little clarification how the I140 comes into play here?

 

t75 -  I did not understand the line "However, a GC would be granted for that job not your new one." . Can you please try explain it another way.

 

And lastly, where can I check to confirm if my I-140 was revoked or not?

 

Thank you all once again.

If you have not used the max allowed stay of 6 years on H1B then I-140 is not required. Any extension beyond 6 years stay on H1B needs the support of approved I-140.

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