H1B to H4 to H1B? with I-140 approved

[sgupta2011]

Hi,

I had to recently change my status from H1 to H4 due to 221g denial in New Delhi India.

I was on H1B with an employer in USA with approved I-140 and priority date in late 2006.

Also, I have completed 5 1/2 years on the H1 that I just cancelled.

Can I get back on H1B again to regain my Green Card process?

What are the different options? (redo labor and I-140? or perhaps I-824??)

I would really appreciate your response!

Thanks!

[shervin143]

GC is for future employment. Your employer can continue the GC process and you don't have to be in H1B status for that. If the employer is not ready to continue the GC process, then you have to start all over again, but you can use the previous priority date to file I-485.

If you are in H4 status now, then your employer can file a COS from H4 to H1B. If the I-140 is not revoked, then they can get the extension beyond the 6th year.

[sgupta2011]

Re:

Thank You shervin143!

So what you mean to say is that my recent (x) employer can file a COS and I can get back on their H1B 1st Oct 2011 or earlier?
And in doing so, I can get back on my GC process where I had left off when I had to change to H4?

Thanks again!

[shervin143]

So what you mean to say is that my recent (x) employer can file a COS and I can get back on their H1B 1st Oct 2011 or earlier?
>>> Yes. You will get only the remaining period in your H1B CAP. If you have already spend five and half years, you will get only 6 more months. If the I-140 is already approved and is currently active, then the extension beyond the 6th year can be filed by your employer.

And in doing so, I can get back on my GC process where I had left off when I had to change to H4?
>>> Your H1B or H4 status has nothing to do with your GC process. Like I mentioned, GC is for future employment. Your employer can continue the GC process irrespective of your status.

[sgupta2011]

Re:

Thanks again!

Not to sound dumb but just one more clarification?
You said that the employer can continue GC process even if I am on H4.
Can you please explain how this is possible? Does the employer not required to revoke I-140 ?

Thanks a lot once again!!!

[shervin143]

Not to sound dumb but just one more clarification?
You said that the employer can continue GC process even if I am on H4.
Can you please explain how this is possible? Does the employer not required to revoke I-140 ?
>>> You are not getting the point that 'GC is for future employement'. You can be totally working for a different employer and still the current employer can go ahead and proceed with the GC process or you can remain in H4 for that matter. If the employer is not willing to continue the GC process, then ofcourse they will revoke the I-140. But that is the employer's decision. The employer is not compelled to revoke the I-140 just because you are not employed with them at a particular time.

There is a separate forum dedicated for questions related to GC in immihelp. Hopefully you will find more help there.