Hello Friends, I have my I-140 approved in 2018 (EB-2) and extension till 12/31/2020 from Company A. I got an offer from Company B and before switching trying to find out what are the conditions for validity of this I-140 (Company A’s) and priority date. Due to family reasons, I might need to relocate back to India for a couple of years. What are my options for returning to USA for future employment with my existing I-140 from Company A in case I have switched jobs in India and joined Company C? If Company C is ready to bring me back to USA can I use I-140 from Company A? Does company C have to apply H1B via the lottery process or will I be cap exempted based on my existing I-140 from Company A? Thanks #h1b #i140
If you are from India then your PD is not gonna get any closer. You can use the 140 from A for your H1B transfer/renewal and keep on that until there are any strong changes of ur PD getting close. At that point you will need your current employer to do your PERM and 140.
Thanks for the comment.But if i go back to India and change job (employee C) and want to return via this new employer C ,will employee C have to go via H1B lottery or can use I-140 from A and do H1B file and come back to the States?
Nope, no need for lottery. It will merely be a transfer. They can apply using the 140 approval from the 1st employer which you should have a copy of.
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Company C can apply cap-exempt h1b using your i140 to get you here. However they’ll have to start the PERM process all over again once you’re here although your priority date remains the same.
Thanks for your reply.