H1b with new employer after 221g denial & H4

[sgupta2011]

Hi,

I am on H4 since last 2 months after getting a 221g denial in India.
My H1 was set to expire Dec 2011 completing 6 years. The denial/cancellation of H1 is effective since early April 2011.

Also, my employer has my current I-140.

Should I go back with the same employer? Is it too risky with the same employer that my H1 application or COS might get rejected?

If I chose to go with a new employer , can I get extension on my H1B even though my previous employer is carrying on my GC/I-140 process right now?

Please advise?
Thanks a lot!!!

[shervin143]

Should I go back with the same employer? Is it too risky with the same employer that my H1 application or COS might get rejected?
>>> You can go back to the previous employer. Many people have done this successfully. If the COS gets rejected, then you can find a new employer.

If I chose to go with a new employer , can I get extension on my H1B even though my previous employer is carrying on my GC/I-140 process right now?
>>> It is possible if the I-140 is not cancelled by your current employer. You will need a copy of the I-140 approval notice to file an extension beyond the 6th year.

[sgupta2011]

Re

So, I can seek a new employer (as backup) now and once H1B is filed and approved then nearing the deadline, I get a copy of the approved and un-cancelled I-140 from my previous employer and file for an extension?

And in the meanwhile my Green Card process stays unaffected with my previous employer as long as the I-140 is not cancelled??

Thanks again shervin143!!
You have been of great help!

[shervin143]

So, I can seek a new employer (as backup) now and once H1B is filed and approved then nearing the deadline, I get a copy of the approved and un-cancelled I-140 from my previous employer and file for an extension?
>>> Yes.

And in the meanwhile my Green Card process stays unaffected with my previous employer as long as the I-140 is not cancelled??
>>> GC is for future employment. The employer can continue your GC process even if you are not currently employed with them.

[sgupta2011]

Re

Thanks again!