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Eligibility Criteria For Fresh H1b From India

Discussion in 'Nonimmigrant Visa Applications' started by Y Ramineni, Dec 11, 2014.

  1. Y Ramineni

    Y Ramineni New Member

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    I have completed my six years on H1B and currently on my extension. my Current I 140 was denied and my current H1B extension due by end of FEB 2015.

    My current Employer is filing for a new PERM. I have no confidence with my current employer.

    My questions is as follows

    1. I have a employer willing to employ me and start a fresh H1B. Can i be eligible to apply for 2015 H1B quota If i move back to India by end of FEB 2015 let my new employer file for new H1B

    2. Should i wait until 2016 ?

    3. Is there any alternates available for me to stay back?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    How long was your PERM on file? If it was more than 365 days, you can claim an exemption from the six year limit on that basis.
     
  3. Y Ramineni

    Y Ramineni New Member

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    Hello Ron,

    My Current PERM was filed on July 2012 and my I 140 was filed in JAN 2013 and when I filed for an extension in March 2014 my I 140 was under review and i got one year extension until FEB 2015 and come to know that my I 140 got rejected.


    So i wanted to know

    If a join a new employer In FEB 2015 and go back to INDIA will i be eligible for 2015 H1B quota or will be eligible only for 2016 H1B quota?

    is there any other alternate for me to stay here and start a new PERM with current employer and file an extension on that basis?

    Thank you!

    Y Ramineni
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you leave, and stay out a year, you will not be eligible for the new quota until April, 2016. You may use your PERM to claim an exemption with any employer.
     
  5. Y Ramineni

    Y Ramineni New Member

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    Thanks Ron,

    1. Does that mean My Current PERM is still valid, even though it was certified on 07/31/2012 ?

    2. If in case my current PERM is still valid, Can i shift to my new employer and file for H1B extension?

    Thanks in advance.

    Regards
    Y Ramineni
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have a PERM that is more than 365 days old. Granted, the I-140 petition was denied, but the PERM is still "alive." It is possible to file a new I-140 using the existing PERM. You don't have to do that, but you could if you wanted.
     

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