Nee input, willing to move back to US, and GC was in progress. What's the state?

[deepthisubramanyan]

Hello everyone,

 

I am willing to move back to US from India after a 10 month stint. I earlier had a H1, but if an employer is willing to sponsor me in US, will my visa go through lottery again? Can my new employer process green card from where I left it? My priority date was Oct 2009, but before my I-140 could get approved, I changed employers in US. I had to move back to India last year. My I-140 was not approved back then when I moved to India. What will be the status of my H-1 and GC. Thanks.

[JoeF]

If you haven't used all the 6 years on the H1, a new employer can file an H1 petition at any time and you would get the remainder time.

The old PD can not be reused, since the I-140 wasn't approved. The GC would have to start from scratch.

[rahul412]

New employer can file you cap exempt H1, coming to GC. It has to be started from scratch.

[pontevecchio]

Your GC application has been abandoned. You will need to start from scratch with a new employer. As regards the H1, you are entitled to the remainder of your total of 6 years without cap.