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1.2 years of valid H1b and resuming GC process

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  • 1.2 years of valid H1b and resuming GC process

    I got H1B in 2007 and till march 2011 I was working in US
    I moved back to India and working with startup.
    I had filed for GC in may 2008 but my PERL got denied and my attorney has filed appeal in March 2011

    My previous employer has expressed interest to hire me again.
    My question,

    1. If I join back same employer, what happens to my H1B? Do I need to apply for new petition?
    2. What happens to my GC? Will it continue as if nothing happened ?

    TIA

  • #2
    1. If I join back same employer, what happens to my H1B? Do I need to apply for new petition?
    >>> Is the petition filed by that employer still valid? If yes, then you can use that to travel to work for that employer. If not, then the employer will have to file a new petition under the old CAP and request an immediate start date. You don't have to file the petition under a new CAP since you are already CAP counted. When the petition gets approved, you can travel to work for the employer. If you don't have a valid H1B visa stamped in your passport as of the travel date, then you need to get it stamped.

    2. What happens to my GC? Will it continue as if nothing happened ?
    >>> GC is for future employment. If the employer wish to continue the process, it can continue irrespective of whether you are employed with them or not.
    Not a legal advice. Use of this information is strictly at your own risk.

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