New H1B from India based on approved I-140 from a previous employer

[RajM23]

[gopalakrishnach]

1) No since I140 approved

2) Yes

3) New job. New employer.New petition. If you already have visa stamped then no need new visa stamped. You can come to USA with new petition and old valid visa stamp.

1) Employer can revoke I140 within 180 days of approval after that cannot and you can use same priority date. New employer must start GC process.

2) If old employer did not revoke I140 then you can.

[User099]

 

1. No need to go through the lottery again.

2. Yes

3. If you are coming back to the same job you can come back using the same H1 petition. If not you will need a new petition. You can use the visa stamp on the passport and don't need a new visa.

4. If employer withdraws i140, then you will have to go though the full process again.

5. Yes, you can use the old PD with new employer.

Edited May 6, 2020 by User099

[RajM23]

Hi gopalakrishnach & User099

Thank you so much for your response, much appreciated. I had a call today with an attorney & they also advised me similarly as you had mentioned.

For Green card,

the attorney advised that even if the current employer withdraws the I-140, I can keep the priority date with the new employer.

Best Regards!

[User099]

On 5/6/2020 at 2:52 PM, RajM23 said:

the attorney advised that even if the current employer withdraws the I-140, I can keep the priority date with the new employer.

Told you so ..lol 🙂

Thanks!