I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. My previous employer has not revoked the I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?
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Originally posted by rsg View PostI was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. My previous employer has not revoked the I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?
This is my opinion not legal advice.
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I received the following reply from an immigration attorney:
"Yes, your new employer can file a brand new H-1B petition on your behalf, cap exempt - if approved, you'll get three (3) more years on H-1B, thanks to that previously approved I-140. But your new employer will need to then restart the entire PERM and I-140 process on your behalf. The good news is that you'll be able to reclaim your previous PERM and I-140 priority date!"
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Originally posted by rsg View PostI received the following reply from an immigration attorney:
"Yes, your new employer can file a brand new H-1B petition on your behalf, cap exempt - if approved, you'll get three (3) more years on H-1B, thanks to that previously approved I-140. But your new employer will need to then restart the entire PERM and I-140 process on your behalf. The good news is that you'll be able to reclaim your previous PERM and I-140 priority date!"
This is my opinion not legal advice.
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