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Hello All,
My wife has an approved I140 with PD of 2010 and the employer has not revoked the 140 petition. She got her H1b stamped for 3 years when she was nearing her 6th year. So her last employment on H1b was basically from this extension. Now she has been out of work for 2 years (on H4, F1 etc but with valid status).
Question: 1) When she starts working again (with a different employer), can she still use her PD or is it gone?
2) If we decide to got to India for a year or 2 and come back can she still use her PD?
I had heard that if your last valid H1b was from a post 6th year extension and you have been out of H1b status for over a year, you would have to start a fresh h1b (like a recent graduate).
Please help as a lot of decisions are dependent on this.
Thanks
Mehul
My wife has an approved I140 with PD of 2010 and the employer has not revoked the 140 petition. She got her H1b stamped for 3 years when she was nearing her 6th year. So her last employment on H1b was basically from this extension. Now she has been out of work for 2 years (on H4, F1 etc but with valid status).
Question: 1) When she starts working again (with a different employer), can she still use her PD or is it gone?
2) If we decide to got to India for a year or 2 and come back can she still use her PD?
I had heard that if your last valid H1b was from a post 6th year extension and you have been out of H1b status for over a year, you would have to start a fresh h1b (like a recent graduate).
Please help as a lot of decisions are dependent on this.
Thanks
Mehul
