EB3 I-140 Approved, Currently outside India and benefits of Senate Approved bill (S. 386/H.R. 1044)

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Hi There,

Thanks in Advance for providing your valuable inputs and platform to the immigration community. Request your inputs on my case below.

My Case: I was in USA from 2004 until 2012. I have an approved EB3 I-140 From Company A with Priority Date November 2009. I got H1B approval in December 2010 beyond 6 years limit but not used full period as I left USA at the end of  2011 and currently in India. Now my priority date is current but not working for Company A and also company A was not doing any business now. I am planning to return back to USA in 2021. I have new Company B who is ready to make an offer and process H1B and GC.

As Senate passed an amended version of the Fairness for High Skilled Immigrants Act (S. 386/H.R. 1044), Will it provide any of additional benefits as below?

1. Can my Approved I-140 from Company A be ported to Company B without Fresh PERM process from Company B?

2. Is it possible to apply for EAD through New Employer based on Approved I-140 from Company A and continue GC Process through Company B under new Act?

3. I read something like "Early Filing" in this newly passed Act. Is this of any help for above two questions?

4. What would be best Visa category for me to return to USA and have my Green Card done? Only H1B or new Act provides any other better options.

Currently I am still in India.

Appreciate your support and inputs.




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