Coming back to USA on H-1B & withdrawn I-140

[srapdy]

Hi, I could not find an answer for my situation reading through forums so I am here hoping someone will help me. 

I left U.S. after 13 years on H-1B. I had obviously maxed out 6 years on H-1B. I have an approved I-140 with my employer with PD in 2012 i.e., I-140 approved years ago. I am currently working remote from outside the U.S. for the same employer with their overseas branch.

If I quit my employer, what are my options to return back to U.S. in the future assuming my H-1B expires and my employer withdraws I-140 following resignation.

1. Can I come back to the U.S. on cap-exempt H-1B from a new employer even though my previous H-1B expired? Or do I need a fresh H-1B  through lottery?

2. If possible to come back to the U.S. on cap-exempt H-1B, does it also require the new employer to apply for PERM/I-140 approval prior to H-1B transfer process? In other words, can I came back to the US cap-exempt H-1B and then file for PERM/I-140 with new employer?

Thanks,
Sridhar

[Zodiac System]

You are good.  You can come back with your previous H1b approvals and I-140 with any employer.  Your new employer can start your Green Card process again and retain your PD.  Good Luck.  

Lets see what other experts advice.

Edited April 12, 2021 by Zodiac System

[LeaveMessageH1B]

On 4/9/2021 at 4:09 AM, srapdy said:

can I came back to the US cap-exempt H-1B and then file for PERM/I-140 with new employer?

this route may work for you- new employer applies for i140 for your- get an approval - enter US. 

You can contact your perspective employers immigration team and they can easily sort it out. 

[srapdy]

Thanks. So if my previous I-140 was withdrawn (although after long after the 180 days), I need another approved I-140 to enter US on cap-exempt H-1B? If true, I am thinking it is nearly impractical as labor for GC takes months. I hope this is not the case 😞