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Getting back to ex-employer to continue GC process

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  • Getting back to ex-employer to continue GC process

    I have my I140 approved thru employer A. I went on vacation to India and didn't get my visa stamped. I got back to the US with a new H1B thru a new employer B (with in 6 months). Employer A is very helpful and employer B is not interested in me other than for the current project.

    Is my I140 valid, if I jump back to employer A?

    I have the following option:
    a. Employer A is waiting for papers from USCIS to file an appeal.
    b. If option a is not successful, I can try to transfer my H1B to employer A.
    c. Or I can try to get a new visa thru employer A.

    My priority date is March 2009 (on EB2) and my current visa is (and last visa was) valid till Sept 2012.

    Your thoughts..



  • #2
    As long as you have valid unexpired H1 from employer A, you can go back and work for them now.

    Otherwise, as long as they are willing to continue your green card process, and as long as you are willing to work for them once you get the green card, that is doable as well.
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