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Applying for second H1B while the GC is on file

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  • Applying for second H1B while the GC is on file

    My husband was on H1B for 7 years. His 6yrs of H1b was over and he was on his extension 3 years which he got through the GC application. After a year of those 3 years we left the US and moved back to India. We are now trying to go back to the US. I have few questions in this regard.

    1. Can his new employer apply for his H1b when his GC is on file?
    2. If yes what will happen to the GC and the priority date. He was on EB2.

  • #2
    Applying for second H1B while the GC is on file

    Whatz the status of his GC?

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    • #3
      The status of his I 140 says post decision activity on the USCIS website. His H1 started in 2004 and six year period got over in 2010 and further extension expired in Oct 2013. But he has 2 years unused in the last extension.
      I have few more questions in addition to the ones i posted earlier.

      1. Will he be eligible to apply for H1B cap exempt with the current I 140 status?
      2. Can he then port the existing H1B visa to any employer?

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