H1B and GC related questions

USA Green Card
21

Hi @Kalpesh_Dalwadi - Pls can you clarify the below questions.

  1. Once my PD becomes current, is it allowed to travel USA in business visa OR L1 visa and apply I-485 (adjustment of status) from there?

  2. Also, if new employer files PERM and I140, can they do from India while I am in India OR PERM and I-140 needs to be filed whlie I am in USA?

22

Hi @Kalpesh_Dalwadi - I got my last H1B approved on May 2017, which means I have 6 years time frame to count against cap-exempt? That being said, my H1B new from employer B needs to be filed before 2023 to be eligible for cap-exempt? OR there is no time-limit as such, that I can apply H1B as cap-exempted at any point of time in my future career?

23

Also if I join back to old employer A in future, at the time of my PD becomes current, can employer A use my approved i140 to file i485? Provided the employer A would have not revoked or withdrawn my approved i140?

24

This is a question for your employer and their immigration lawyer. Are they ok with you using B2?

Both possible.

25

You keep asking same questions-:slight_smile:
I already replied, check the post from start, its a very long chain of questions and answers.

26

Yes, employer A can file I485.

27

Hi @Kalpesh_Dalwadi - Yes, you have answered this. Thanks for pointing that to me. I came to know about this statement from website ‘H-1B Cap Exempt Candidates Explained’ so double checking this.

Candidates living abroad who have previously been granted H-1B status

If a candidate was granted H-1B nonimmigrant status within the past 6 years and is currently living abroad, they are not subject to the cap and may enter the US on their H-1B for the remaining portion of their six years.

28

Thanks @Kalpesh_Dalwadi - I will have to check if B2 or L1 is possible then.

29

Good to know. thank you.

30

Hi @Kalpesh_Dalwadi - can you pls check above and suggest.

31

I already answered that there is no time limit. (check the chain above).

https://www.govinfo.gov/content/pkg/CFR-2019-title8-vol1/xml/CFR-2019-title8-vol1-sec214-2.xml

(C) Calculating the maximum H-1B admission period. Time spent physically outside the United States exceeding 24 hours by an alien during the validity of an H-1B petition that was approved on the alien’s behalf shall not be considered for purposes of calculating the alien’s total period of authorized admission under section 214(g)(4) of the Act, regardless of whether such time meaningfully interrupts the alien’s stay in H-1B status and the reason for the alien’s absence. Accordingly, such remaining time may be recaptured in a subsequent H-1B petition on behalf of the alien, at any time before the alien uses the full period of H-1B admission described in section 214(g)(4) of the Act.

How to Apply H1B after 6 Years to Recapture Unused Time - RedBus2US.

32

Thanks @Kalpesh_Dalwadi for sharing these materials. Looks exhaustive but conveying positive note about NO time limit, which is good.