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Vikz2020

Relocating to India while PERM Processing

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Hello,

My Current H1B Validity was till Jan 10,2020(Extension already Filed). This is my last extension before max-out period(Feb,2021).

My perm was filed on Oct 17,2019 and is still pending approval.

I might have to relocate to India due to project issues. I would like to understand the following:

1. After I get my i-140 approved(while I am in India) and I pass 180 days in India,can I switch to a new company in India ? 

2. What happens if I switch in India and my current employer revokes my H1B and I-140.

3, Should I wait till new company transfers my Visa and i-140(when I am in India) and then only resign from my current company,or this can be done later as well,if 180 days are over ?

Thanks

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You can move to a new company and still maintain the Priority date if the I140 is approved for more than 180 days.

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OK, and I can do this while I am in India right ?

Should my Visa be stamped while I move or just a valid I797 and valid I-140 would be enough ?

 

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You can do it while you are in India. 

If you have a valid visa, you can travel with your new I797 approval notice. If your current visa on your passport is expired, then you will need to go for a new visa stamping. Your I140 can't be used for requesting entry to US. 

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