Goging back to old employer with valid I797

[Kumar_H1B]

I am working with employer A and have valid I797 till end of 2020.

I have approved I140 and my priority date is December 2010.

Now I have a good full time offer from employer B.

If I do H1B transfer to employer B and start working and start GC process, it takes at least 1 year to complete labor process and port my old I140 date.

My question is: If dates becomes current in next 1 year before my new labor approval, can I go back to employer A without doing H1B transfer (because I have already approved I797 from employer A till end of 2020). My employer A is saying that he will revoke/withdraw I140.

In that case, what would be the process to go back to employer A, and how much time it takes.

 

[JoeF]

If you quit the employer he is required by law to inform USCIS of that fact. That results in revocation of the old H1. If you want to go back to that employer he would have to file (and pay for) a new H1 petition.

[Kumar_H1B]

Thanks JoeF,

 

I can go back ( transfer H1B) using revoked I_140 right?

In this case, do I need to restart GC process? (PREM and new 140 with posting old number)

OR

 can I use old PREM and just file I140?

 

 

[JoeF]

The GC process would have to get started from scratch.