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Posted on 15 Feb 2011
Q.

485 Filing & H1B Extension

I have I-140 approved under EB2 category from my old Employer A with a PD of Nov 07. After i quit the Emp A, A sent me a letter saying that my I-140 was

cancelled. My GC processing from current Emp B was not yet started.

1)I wanted to know when my old PD of Nov 07 becomes current can i transfer H1B back to old Emp A and concurrently file 140 and 485. My understanding is that

if i join back my old Emp A, i don't need to go thru PERM cert again, instead can refile 140 since it was cancelled.

2)Is it possible to transfer H1B and file 140 and 485 within 45 days time since VB is out 15 days ahead for next month.

3)My 6th year on H1B starts in Sep 2011. While working with Emp B, can i renew H1B based on my approved I-140 from Emp A even though A says it was cancelled.

Thanks.

User's Location: Houston, Texas, United States of America
Category: Employment-based Green Card
Posted on 15 Feb 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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