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How long I can stay out side USA with I-140 approved & H1-B validity?
My EB2 priority date is Feb 2011, My I-140 is approved with Employer A.
I came back to India in July 2012 due to some family emergency and still I need to stay in India for next 6 more months or so. Soon I came to India I went for H1 Visa stamping in August 2012 and got approval for 3 more years based on my approved I-140 as I had already completed 5.5 years in USA with my initial H1 B period of 6 years.
Since August 2012 I am working in India with the Employer A's offshore branch office at India.
In March 2013, USCIS person enquired about my job at my client place in USA where I was working on contract basis through my Employer A just before I coming back from USA. USCIS realized that I am no longer working at client place for the last 7-8 months so they revoked my H1 and intimated to my Employer A in USA.
My Employer A told me that once I am ready to come back to USA, they will try to get me a new client/project, arrange to get me a client letter then they can file for H1 again. On my H1 petition approval, again I need to go for fresh visa stamping in India to re-enter USA again. They also said I-140 will be NOT be impacted with all this process and will not expire as my existing H1-B is revoked by USCIS.
My Questions are,
First question: Is my employer response right?
1) Do I need to wait for Yearly H1 quota to apply for H1 or I can apply for it anytime as my I-140 is approved?
2) In case if I can apply for H1B anytime, do I need to file H1B petition first and then go for Visa stamping or I can directly go for Stamping?
3) Anyway now my H1-B petition is revoked, so what about my approved I-140 status? How long will it still be valid? Would there be any impact if I get new H1-B approval ?
4) If I delay to come back to USA due to my personal matter, How long will my approved I-140 will be alive even when I continue working with the same offshore branch of my Employer A ?
Well in advance, thanks for clarifications...
I came back to India in July 2012 due to some family emergency and still I need to stay in India for next 6 more months or so. Soon I came to India I went for H1 Visa stamping in August 2012 and got approval for 3 more years based on my approved I-140 as I had already completed 5.5 years in USA with my initial H1 B period of 6 years.
Since August 2012 I am working in India with the Employer A's offshore branch office at India.
In March 2013, USCIS person enquired about my job at my client place in USA where I was working on contract basis through my Employer A just before I coming back from USA. USCIS realized that I am no longer working at client place for the last 7-8 months so they revoked my H1 and intimated to my Employer A in USA.
My Employer A told me that once I am ready to come back to USA, they will try to get me a new client/project, arrange to get me a client letter then they can file for H1 again. On my H1 petition approval, again I need to go for fresh visa stamping in India to re-enter USA again. They also said I-140 will be NOT be impacted with all this process and will not expire as my existing H1-B is revoked by USCIS.
My Questions are,
First question: Is my employer response right?
1) Do I need to wait for Yearly H1 quota to apply for H1 or I can apply for it anytime as my I-140 is approved?
2) In case if I can apply for H1B anytime, do I need to file H1B petition first and then go for Visa stamping or I can directly go for Stamping?
3) Anyway now my H1-B petition is revoked, so what about my approved I-140 status? How long will it still be valid? Would there be any impact if I get new H1-B approval ?
4) If I delay to come back to USA due to my personal matter, How long will my approved I-140 will be alive even when I continue working with the same offshore branch of my Employer A ?
Well in advance, thanks for clarifications...
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