SP111 Posted February 16, 2020 Report Share Posted February 16, 2020 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 the 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 start from the lottery process or will I be cap exempted based on my existing I-140 from Company A? Thanks Quote Link to comment
User099 Posted February 17, 2020 Report Share Posted February 17, 2020 Company C will have to file a new H1 based on your I140 and you can come back with it. Your don't need to go thought the lottery again, you are cap exempt. Quote Link to comment
SP111 Posted February 20, 2020 Author Report Share Posted February 20, 2020 Thanks a lot for the confirmation. Quote Link to comment
swappar Posted February 20, 2020 Report Share Posted February 20, 2020 Also, consider the factor of staying out of USA for a longer period. Longer might hurt (I am not sure) but just check if this can obstruct you from being considered as exempt. Quote Link to comment
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