Legal Question in Immigration Law in California

EB2

Labor Approved : 2007 Feb

I-140 Approved : 2007 Sep

I worked in US from April 2002 till Feb 2008, my last employer being company A.

Right when it was time for 3 yr (or about so) extension, I left with permanent plans for India in Feb 2008.

Now I am planning to come back to US and a company B is willing to sponsor me for H1 in 2011 quota.

My Questions are: (assuming my ex-employer A did not revoke 140)

1. Can they file 3 year extension based on my previous i-140, instead of new H1?

2. Whichever happens, can they reuse my old priority date in future GC process??

Please advice..also let me know if you can handle this case with certainity.


Asked on 11/01/11, 2:44 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Co. B can file an H1B petition for you requesting approval for 3 years based on earlier I-140 approval through Co. A. You will not be subject to the visa cap. However, you cannot enter the U.S. until H1B petition is approved through Co. B and you obtain H1B visa stamp from a U.S. Consulate.

You can reuse the old priority date when the green card process is started through Co. B with the filing of a PERM application: www.h1b1.com/laborcert.htm

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Answered on 11/02/11, 7:09 am


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