dbalz Posted April 28, 2014 Report Share Posted April 28, 2014 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 the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll.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. Link to comment
jairichi Posted April 29, 2014 Report Share Posted April 29, 2014 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 the company would have 'withdrawn' my H1B visa I imagine so as not to keep me on their payroll.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. Link to comment
t75 Posted April 29, 2014 Report Share Posted April 29, 2014 They did not have to pay you to keep 140 alive. However, a GC would be granted for that job not your new one. Link to comment
dbalz Posted April 29, 2014 Author Report Share Posted April 29, 2014 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. Link to comment
dbalz Posted April 29, 2014 Author Report Share Posted April 29, 2014 I checked the status of my I140. The 'last updated date' is what is expected - the time my petition was approved. So it has not been messed around with since. Link to comment
jairichi Posted April 29, 2014 Report Share Posted April 29, 2014 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. Link to comment
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