I have requested to transfer my job from US to India and My employer revoked my H1B after transfer. And I have approved I-140


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After living 13 years in US I decided to go back India and asked my employer to transfer my Job and my employer transferred my job and also they cancelled my H1B. I have approved I-140. Now I want to go back (after 6 months lived in India). Can I get H-1B again using I-140 or I need to apply fresh H1 during next year quota start from scratch?. 

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The company that sponsored your I-140 can apply for a cap-exempt H1B for you with consular processing. After getting H1B visa stamp based on that approved H1B, you can enter US and work. You do not have to wait for next years quota.....of course all the above is based on assumption that your employer did not withdraw the I140 also when you left for India

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  • 1 month later...
Similar to above situation, I want to get expert opinion on my current situation - 
I have an approved I-140 and I797 validity expiring in 2024. If I quit my current job and my employer revokes the H1b visa sponsorship, I have some questions on H1b visa in future -
1. Basic question is would I still be able to come back to the US and work on H1b with a new employer  ? Do I have to go through the lottery selection process again to get an H1b visa? If not, how does this work ?
2. Would I be able to use the4 left time on I797 i.e. time between now and 2024 (around 2 years) anytime with a new employer in future ? Please note I have used my initial 6 years of H1b and current H1b extension is based on approved I-140.
3. Can employers revoke I-140 petitions in the future after I quit job ? 
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