H1B till 2013 - back in India for personal emergency

[ranadeepb]

Hi,

I have H1 valid till May 2013 and visa is also stamped. I had to resign my job and come back to India for a family emergency in August 2010. My PERM and I140 was approved in 2009. The employer may have cancelled the H1B as required by law.

I am now planning to go back early next year. Is it possible to revive my H1B and carry over the PERM and I140?

Thanks

[txh1b]

Do you plan on going back to the same employer? If the company had kept your I140, it can continue as is. If the employer has not cancelled the H1b, you can just return as is as you have a I797, visa. You just need a fresh offer letter.

[ranadeepb]

Will it hurt my GC application?

Your reply is greatly appreciated. If my company had canceled my existing H1B can they apply again if they are offering me a job?

Being away from US for 9-12 months, will this hurt my GC application? I am weighing whether to get a fresh H1B in 2011 will be better or going back based on my previous H1B with approved I140 (applied for PERM in 2008 Mar)?

[txh1b]

Yes, they can re-sponsor and no impact on GC.