Travelling back to US after relocating to India


dnivra

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Hi Folks, 

 

Appreciate if you could guide with the following situation

 

I worked in the US for 12 years and relocated back to India in March 2013 and working for company B.

 

I have my I-485 filed with priority date June 2006  in EB3 category

My H1B with employer A is still valid till Dec 2015.

 

I plan to relocate back to the US to a new company C. Does the company C need to file a fresh H1-B which comes under the CAP or can they port my I-485  and issue a AP ?

 

Any other solution is also appreciated.

 

Please let me know.

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Hi Folks, 

 

Appreciate if you could guide with the following situation

 

I worked in the US for 12 years and relocated back to India in March 2013 and working for company B.

 

I have my I-485 filed with priority date June 2006  in EB3 category

My H1B with employer A is still valid till Dec 2015.

 

I plan to relocate back to the US to a new company C. Does the company C need to file a fresh H1-B which comes under the CAP or can they port my I-485  and issue a AP ?

 

Any other solution is also appreciated.

 

Please let me know.

Did you do consular processing prior to relocating to India? If so you may be able to do something about it. If not , did you go to India when the Advance Parole was valid and did you renew the AP while in India. If the answer is 'no' to all of the above then i think you need to talk to a good lawyer.  AFAIK , if you leave USA without having AP , in all probability it will be considered you have abandoned your application. The only exception could be if you had switched over to Consular processing in which case you may not require a AP and might be able to come back. I am not an attorney just sharing what i have understood. Talk to a good immigration attorney.

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