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ss1214

H1B Transfer - i-140 approved but visa expired and out of US

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Hi,

Employer A has initiated my GC process but had to move out of country just 2 months prior to max out while my PERM was under process. i-140 was approved later while i was in India and my current visa has  expired.

Can Employer B apply a H1B Transfer for me and initiate my Green Card process again or should i come back to US through Employer A alone and then apply for a H1B visa transfer through Employer B?

Edited by ss1214

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Employer B can apply for your transfer based on the approved I140. You need not go through employer A. 

You will need a copy of that approved I140 for filing the transfer.

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Just adding to what Rohit said...Your I140 needs to be approved for more than 180 days for Emp B to use it for transfer. 

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