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jazzbha1234

6 years ending and filling GC labor with new employer

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Hello Friends, 

 

My H1-B 6 yr are ending in Sept this year. I had an approved labor and I-140 with my previous employer. I changed the employer about 6-7 months back and my previous employer cancelled/revoked my previously approved I-140. 

 

My current firm is yet to file my labor to start my GC process but they have agreed they will be starting in May 2015.

 

- I understand I can retain the priority date which in my case even though, its of Feb-2013 but still I want to understand the issue of filling the labor 365 days in advance of 6 yrs expiration date?

- Will this rule cause an issue for me?

- Does this mean that my new employer needs to file my labor and I-140 to the earliest before my initial 6yrs end?  

- Also, what if I have to leave US in emergency and visit India? I would require another stamping and if my GC is in WIP, I would not be able to travel. 

- Will there be any risk for me if my current employer starts my labor processing this year (6th year of initial 6 years of H1-B)?

- Also, will my wife be able to take advantage of the new H-4 employment rule since my I-140 is revoked/cancelled? 

 

I want to understand the darker side/disadvantages of such a case of mine, if any - so request hereby to please help and provide views/opinions/suggestions. 

 

Thanks in advance for the help!

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6 yrs rule does not apply to you as you have extension based on approved I-140. If you received H-1 approval with new employer for 3 yrs you have enough time to start new GC process.

I think your wife cannot work as I -140 has been revoked.

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