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SP111

i140 approved return to india and come back with different employee

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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

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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. 

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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.

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