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Hello everyone,
I am seeking advice on a complex situation regarding my previous U.S. immigration filings. I worked in the U.S. for an Israel based Telecommunications company based out of Massachussets and I had an I-140 approved with a Priority Date of July 24, 2007.
In May 2008, I had to return to India due to a family medical emergency. Because I did not anticipate returning at that time, I requested to withdraw/cancel my I-140, and USCIS issued a Withdrawal Acknowledgment Notice in June 2008. I have remained in India since then.
I am now planning to return to the U.S. and would like to understand if I can leverage my previous filings. I have the following questions:
1. Priority Date Retention: Can I still use my July 2007 Priority Date for a new EB-2 or EB-3 petition filed by a new employer, even though the original I-140 was withdrawn?
2. Consular Processing: Since I am in India, I assume I must go through Consular Processing for a new Green Card. Does my withdrawn I-485 from 2007 create any complications for this?
3. AC21 Portability: Can I use my old, approved I-485 to apply for AC21 for adjustment of status with a new employer, or is that application considered as withdrawn?
4. H1B Cap Exemption: Am I exempt from the H1B cap/lottery because of my previous I-140 approval? Can a new employer sponsor a cap-exempt H1B for me now?
5. L-1 Visas: If I travel on an L-1 category visa, can I still link my 2007 Priority Date to a new Green Card application filed under that L-1 status?
6. Status Recovery: Is there any way to "reclaim" my old Green Card status, or must I start the process over from the I-140 stage?
I would appreciate any insights from those who have dealt with long-term absences or I-140 withdrawals. Thank you for your help!
I am seeking advice on a complex situation regarding my previous U.S. immigration filings. I worked in the U.S. for an Israel based Telecommunications company based out of Massachussets and I had an I-140 approved with a Priority Date of July 24, 2007.
In May 2008, I had to return to India due to a family medical emergency. Because I did not anticipate returning at that time, I requested to withdraw/cancel my I-140, and USCIS issued a Withdrawal Acknowledgment Notice in June 2008. I have remained in India since then.
I am now planning to return to the U.S. and would like to understand if I can leverage my previous filings. I have the following questions:
1. Priority Date Retention: Can I still use my July 2007 Priority Date for a new EB-2 or EB-3 petition filed by a new employer, even though the original I-140 was withdrawn?
2. Consular Processing: Since I am in India, I assume I must go through Consular Processing for a new Green Card. Does my withdrawn I-485 from 2007 create any complications for this?
3. AC21 Portability: Can I use my old, approved I-485 to apply for AC21 for adjustment of status with a new employer, or is that application considered as withdrawn?
4. H1B Cap Exemption: Am I exempt from the H1B cap/lottery because of my previous I-140 approval? Can a new employer sponsor a cap-exempt H1B for me now?
5. L-1 Visas: If I travel on an L-1 category visa, can I still link my 2007 Priority Date to a new Green Card application filed under that L-1 status?
6. Status Recovery: Is there any way to "reclaim" my old Green Card status, or must I start the process over from the I-140 stage?
I would appreciate any insights from those who have dealt with long-term absences or I-140 withdrawals. Thank you for your help!
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