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please help i140 and h1

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  • please help i140 and h1

    Hi

    Breif background on my situation.

    I have started the Green Card process with Company (A) , got my I-140 Approved. I went to INDIA for Stamping and did not get the VISA due to Employer-Employee Relationship (221g) , my H1B Pitition is still pending with Comapny(A) which will expire in 3 months. As my case is pending, I have trasfered my H1B from Company(A) to Company(B) and came back to USA and working for company(B) from 6 months.

    Questions :

    1) As my previous H1B petition with previous employer (CompanyA) is still pending, can I transfer H1B to Previous Employer (CompanyA )?. Will that be any issue ?
    2) If I start GC process with my current employer , will the time period i have (6ys expirs in april 2014) is sufficient to get labour approved so that i can extend my H1B.?
    3) Can I trasfer my I-140 to another company ?
    4) Can my previous employer has rights to cancel my I140 approval?.
    5) My wife is on H4 VISA , she is plannig to visit india for 2 months (march-may). She has H4 VISA till April 2014 with current employer. If I change the employer when she is in INDIA then does she need to go for stamping again to enter into USA?

    Please do reply...

  • #2
    please help i140 and h1

    Please help..

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    • #3
      Originally posted by universal View Post
      Please help..
      I know answer for one of your question. You cannot transfer your approved I140. But you can apply a new GC with your new company and once the I140 is approved, you can abstract the priority date from your old application. Untill then your old application should be active i.e your old employer should not have cancelled your application.

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