Visa requirements at old employer's place

[ohion]

Hello everybody,
I have a question. After my layoff in Sept 2003, I startied consulting for another company having started my H1-B transfer. Now, my project has ended (my new employer has not cancelled my H1-B) but my old company might hire me back. Do I need to do another H1-B Visa transfer with my old company (the earlier Visa was valid till Jan 2006).

For my GC processing with my old company, my I-140 was approved but I-485 was not filed. If I start with my old company, do I have to start all over again or just file for my I-485? Any help on these issues would be highly appreciated.

Thanks,

 

[ohion]

Anyone to take thi s Question on??

Hi all,

Please let me know of any experiences for similar cases of old employer trying to hire back on H1-B Visa and its impacts on GC processing. I would really appreciate it.

Thanks !!

 

[nkm-oct23]

If you are going back to the EXACT SAME JOB (same salary, job description, location, etc) and the H1 approval issued for that job is still current you don't need to do anything.
Any changes requires a change/extension petition.

 

[ohion]

nkm-oct23,

Yeah, it is going to be the same job, loc'n etc.

Would the Visa be just valid,? Also, any experiences reg. Green Card processing impacts after going back to the same employer would be great. (I-140 is approved, would it have to be started all over again?_)

 

[nkm-oct23]

Originally posted by ohion
nkm-oct23,

Yeah, it is going to be the same job, loc'n etc.

Would the Visa be just valid,? Also, any experiences reg. Green Card processing impacts after going back to the same employer would be great. (I-140 is approved, would it have to be started all over again?_)

Yes if your job meets these conditions the H1 approval stays valid. I -140 once approved stays valid as long as the job for which it was approved stays available.