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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107274
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have used up 6 years on my first H1. Then I returned to India

Customer Question

I have used up 6 years on my first H1. Then I returned to India while my employer
continued to process my permanent residency in the US. I have a labor approved and an I-140 approved. I have an H1 approved based on this I-140. However, the client cancelled the contract just before I the stamping. So although I have an H1,
I dont have a stamping. After a gap of 4 months I have a new contract in a different state in the US. I am still in India. What needs to be done so that I can do a stamping and fly to US for working ? Do I need to file a new LCA for the new contract ? Do I need to file any other changes or need any other approvals ?
Please advice.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
If the previous H-1B employer cancelled your contract, does that mean that they cancelled the I-140 as well meaning that they no longer have that job offer for you in regards ***** ***** green card? How long have you been outside of the U.S.?
Customer: replied 1 year ago.
My query clearly mentions "client cancelled the contract". Therefore your interpretation that the "employer" cancelled my contract is wrong and therefore all the remaining part of your answer is also wrong. Please read my query carefully and answer very very responsibly. I left the US on April 13th, 2014.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I am on your side. Please treat me kindly as I will treat you kindly. You are NOT charged per question, nor per response, nor per answer. So it costs you nothing to respond. Also, my answer is NOT wrong because it is NOT an answer. It is a request for more information (Info Request). Let's start again.
If your client cancelled the contract, that means that your employer does not have work for you. Correct? If they do not have work for you, does that mean that the offer of employment either for H-1B or green card are no longer available? Also, if you left the U.S. on April 13, 2014, this means you have been outside for longer than 1 year, correct? Did your employer file for an extension for you before you left to allow you H-1B more than 6 years? If so, then your H-1B was approved until when?
Customer: replied 1 year ago.
I am afraid I cant understand, this is too complex. I will go to some local attorney office and talk upfront. Thank you for your effort, but my problem doesnt look as simple to be addressed on this website.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Believe me, we are very good at what we do. Almost all H-1B situations are complex. I have over 13 years of experience and have been on this website over 7 years. We get many H-1B questions every day. I just need to know the following:
1) When did your 6th year on H-1B end?
2) Did your employer A file an extension before that end date?
3) During the 6 years on H-1B, how much time did you spend outside of the U.S.?
4) Is employer A still willing to employ you on H and later on green card?
5) Is the new contract through the same employer A or through a new employer B?
Customer: replied 1 year ago.
Sir, Its not about you. I am an engineer, I dont understand law as well as you.
I am jobless since 1 year, I hope you understand my situation. Thank you and
God bless.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I'm trying to, but I need to ask additional questions. Whether you go to someone locally or stick with me, that local attorney is going to ask you the same questions that I do. I still need to know the following:
1) When did your 6th year on H-1B end?
2) Did your employer A file an extension before that end date?
3) During the 6 years on H-1B, how much time did you spend outside of the U.S.?
4) Is employer A still willing to employ you on H and later on green card?
5) Is the new contract through the same employer A or through a new employer B?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
It makes it very difficult to answer your questions if you are not willing to respond to me. You don’t go to a doctor and expect the doctor to diagnose you if you don’t answer his or her questions. Anyway, you can only get an extension beyond the 6 years on H-1B if you have a Labor Certification pending longer than 365 days or you have an approved I-140. Here is a link:
http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/
The other option is if you stay outside of the U.S. for 1 full year, you can apply for a new 6 year cycle.
And finally, you can recapture any time that you have spent outside of the U.S. during the 6 year cycle.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.
Dear Sir,
Without sugarcoating, I would like to tell you that you were unable to understand the question despite very long and very detailed inputs, none of which are asked by other attorneys. I have consulted with many an attorney and frankly you need
to improve your skills in law. The understand was poor, course of investigation was wrong, and the advice was no use, not
at all to any avail. I will not rate you negatively in public view as per your request. Please understand that you going on and
on endlessly serves no purpose. I've repeatedly told you that you went on a wrong track since the very begining. So lets stop
it here to not make matters worse. I am not a lawyer as you and cannot go on and on with such debating. I am already jobless
and struggling for my own survival, I expect people to help if they can, else move on with life. I hope you understand. I wish
you good luck. Immigration is a complex subject.
Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's your opinion and 99.3% of customers on this site do not share that opinion with you. You are correct, immigration law is very complicated, but you are the one that refused to answer my follow-up questions. If you are going through a bad time, I understand and I empathize, but that is no reason to take your problems out on me. I asked you a number of questions to get more information from you that I needed to try to help you. You refused to answer even though I told you that you were not charged per question nor per answer. So your refusal to respond to those questions did not make sense to me. If you go to a place for help, you usually want to respond to the person that is trying to help you. I've been doing this for over 13 years and while I am not perfect, I am very good at what I do. All I wanted to do was help and I could have helped had you responded to me. So this is NOT my fault. I did give you an answer that should have at least helped you a little but in the end, the fault is yours for not responding to me. I would hope that if you aren't asking the website for a refund that you would at least leave a positive rating for me as a thank you for the time and effort that I spent at least trying to help you. If not, no worries. I sincerely ***** ***** situation gets better. If you want more help, maybe to explore options that you have after falling out of status, I am more than willing to continue to help you. I thank you for your understanding.

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