QUESTION

Can I use my approved I 140 in applying for I-485 when I come back to the country and work again?

Asked on Mar 06th, 2014 on Labor and Employment - Georgia
More details to this question:
I got H1B through company A then got my I-140 approved through Company A on EB3 category. I left Company A and joined Company B on H1B. I left USA and abandoned my H1B and Company B to get married in my home country in July of 2013. I have been out of US for about 8 months now. However, my priority date became current in September of 2013. At this time, both Company A and Company B are ready to re-hire me in H1B. Will I be able to use my approved I-140 from Company A to file for I-485 once I am in valid H1B status again? If so, can I do that with either Company A or Company B? Also for my spouse with no status in US, can I file for his H4 as a dependent and then I-485 together with me? He does not want to leave his job here in home country right away, but only wants to join me after his I-485 is approved. Can he visit US with me in H4, file for I-485 with me then return to home country and wait for his I-485 to be approved while I remain in valid H1B status in USA and employed with either Company A or Company B during the entire time?
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1 ANSWER

I do not answer immigration questions - know nothing about this area of the law.
Answered on Mar 07th, 2014 at 6:29 AM

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