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  #1 (permalink)  
Old 07-12-2010, 04:30 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default Will I able to renew my H1B?

I have some Question regarding my H1B visa.Here is my background

Worked for company A (h1b) from 2003 to Aug 2008. Joined company B(end client) by transferring H1B on Sep 2008 and still working. Mean time Company A revoked my I140 (October 2008) which triggered my 485 denial. Filed MTR (Since itís more than 180 days) my 485 case was open and still bending (EB3-mar2005).

Will I able renew my H1B this time which is expiring in August end? Since working for direct company (Local Govt) I hope there wonít be any issue with client letter or anything. But I am bit concern, since I have changed ( A to B) the and also the I40 revoked back in 2008, will create any issue? This is my 10 years on H1B also my EAD renewal is under processing.

Thanks for Everyone input
KPR
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  #2 (permalink)  
Old 07-12-2010, 04:54 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Join Date: Apr 2007
Posts: 1,765
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Default

Quote:
Originally Posted by kprgroup View Post
I have some Question regarding my H1B visa.Here is my background

Worked for company A (h1b) from 2003 to Aug 2008. Joined company B(end client) by transferring H1B on Sep 2008 and still working. Mean time Company A revoked my I140 (October 2008) which triggered my 485 denial. Filed MTR (Since itís more than 180 days) my 485 case was open and still bending (EB3-mar2005).

Will I able renew my H1B this time which is expiring in August end? Since working for direct company (Local Govt) I hope there wonít be any issue with client letter or anything. But I am bit concern, since I have changed ( A to B) the and also the I40 revoked back in 2008, will create any issue? This is my 10 years on H1B also my EAD renewal is under processing.

Thanks for Everyone input
KPR
Dont know the answer but curious to know what others think about this situation. Your extension is based on an approved 140, right? Now since it has been revoked and the revokal is under review it would be interesting to know what experts think. When you joined B did you inform about the tranfer? was it after 180 days of 485?
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  #3 (permalink)  
Old 07-12-2010, 05:35 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 58
sammas is on a distinguished road
Default

I am sorry about the situation you are currently in.

AFAIK, since your I140 is revoked in 2008 and your current 485 is denied, I think you cannot renew your H1 because you have already crossed the 6 yr limit. Try for a new H1 from your current employer (Local Govt) and USCIS might also approve it beause there are no middle vendors involved.

NOTE : I am not a lawyer so please take a legal advice.

Good Luck!
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  #4 (permalink)  
Old 07-13-2010, 08:53 AM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default

Thanks for the reply.Just want to clear that I have applied MTR(Motion to Reopen) for my 485 denial and it got approved and 485 reopens. I have just raised this question since I have changed my employer by H1B transfer, will I able to renew my H1B this time. MY 485 IS GOOD AND WAITING FOR THE DATES.

Thanks
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