wildcats Posted May 25, 2012 Report Share Posted May 25, 2012 Hello Friends, I work as a consultant with Company A. They have filed my GC (PERM and 140 approved) in EB2 with priority date 10/10/10. My H1B with Company A is valid and stamped until Jan 2015. Company B has now offered me full-time. 1) Should Company B file for my PERM and 140 again? If 'Yes', I am guessing I can use the previous Priority Date when filing for 140. Is that correct? Is this true even if Company A withdraws/revokes my I140 and PERM? 2) I recently got visa stamp for my current H1B valid until Jan 2015. If I accept the offer and get a new H1, Do I need to get stamped again if I leave the country? Previously, 5 years ago I was in a similar situation where I did not get a new stamp and was allowed to enter USA with the previous stamp and new I797 but I know that a lot of things have changed recently and wanted to be sure about this. Thank you for all of your time! Link to comment
pontevecchio Posted May 25, 2012 Report Share Posted May 25, 2012 1. Yes if they will. Yes. Yes. 2. you can use the same stamp. Link to comment
SameerH1Bworker Posted May 25, 2012 Report Share Posted May 25, 2012 1) Should Company B file for my PERM and 140 again? If 'Yes', I am guessing I can use the previous Priority Date when filing for 140. Is that correct? Is this true even if Company A withdraws/revokes my I140 and PERM? - Yes, new company has to start GC from scratch - PERM, I-140 and yes you can retain your previous PD. I am not sure if I-140 revokes then you can retain PD or not. 2) I recently got visa stamp for my current H1B valid until Jan 2015. If I accept the offer and get a new H1, Do I need to get stamped again if I leave the country? Previously, 5 years ago I was in a similar situation where I did not get a new stamp and was allowed to enter USA with the previous stamp and new I797 but I know that a lot of things have changed recently and wanted to be sure about this. - As long as you've valid visa stamped in passport you do not need new stamp for new company. while coming back you need to present new I-797 at POE. Link to comment
wildcats Posted May 25, 2012 Author Report Share Posted May 25, 2012 @pontevecchio and @SameerH1Bworker Thank you for taking time and responding. Link to comment
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