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  • H1 to H4 to H1

    Hi,
    I am on H1 for 7 years. I-140 is approved, EB2 priority date 2008 June. Last month I visited India and the stamping was denied and H1 revoked. Came to US on H4. Now trying to file new H1. Does this affect my GC process? If I choose a new employer can I be able to continue my current GC process? What should the new employer do to have the GC process intact.

    I greatly appreciate any help provided for me. Thanks a million.

  • #2
    I am on H1 for 7 years. I-140 is approved, EB2 priority date 2008 June. Last month I visited India and the stamping was denied and H1 revoked. Came to US on H4. Now trying to file new H1. Does this affect my GC process?
    >>> No. GC is for future employment. Your employer can continue the GC process if they wish.

    If I choose a new employer can I be able to continue my current GC process?
    >>> Yes. The current employer can continue the Gc process since GC is for future employment.

    What should the new employer do to have the GC process intact.
    >>> The new employer should start the GC process all the way from PERM. However, you can recapture the priority date from your current labor. Just give the new employer a copy of your I-140 approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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