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Hi,
In 2015 Feb, based on approved PERM, My H1B is extended till 2017 March (AC21). This is H1B beyond 6th year.
In 2015 August, my I-140 got approved.
In 2016 October, Due to personal reasons, I moved to our office in India. Its the same organization but different subsidiary. So i have to resign in US and take up a new position in India.
As I am not an active US employee in 2017, We haven't renewed H1B. But my I-140 is not withdrawn.
Currently I would like to move back to US.
1. Can my US employer, who is holding my approved I-140, can apply for H1B extension under AC21 ? or should i go as a new fresh H1B and go through lottery process again ?
does gap in my H1B extension play any role in new H1B petition approval ?
2. I do have full time employment offer from another US employer. can the new employer use my approved I-140 and file for H1B ? if yes, will it be a new fresh H1B or cap exempted under AC21 ?
In 2015 Feb, based on approved PERM, My H1B is extended till 2017 March (AC21). This is H1B beyond 6th year.
In 2015 August, my I-140 got approved.
In 2016 October, Due to personal reasons, I moved to our office in India. Its the same organization but different subsidiary. So i have to resign in US and take up a new position in India.
As I am not an active US employee in 2017, We haven't renewed H1B. But my I-140 is not withdrawn.
Currently I would like to move back to US.
1. Can my US employer, who is holding my approved I-140, can apply for H1B extension under AC21 ? or should i go as a new fresh H1B and go through lottery process again ?
does gap in my H1B extension play any role in new H1B petition approval ?
2. I do have full time employment offer from another US employer. can the new employer use my approved I-140 and file for H1B ? if yes, will it be a new fresh H1B or cap exempted under AC21 ?
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