Out of US for 8+ years and filing H1B from India with approved I140

[marvrg2k21]

Hi Team

Background:

• I was in USA on H1B with approved I140 for 9 years with company A.
• As far as I am aware company A did not revoke my I140.
• Priority Date EB2 Aug 2007.
• Moved to India in Q1 of 2013. At that time PD was not current.  Therefore company A had not filed I485.

Now, I want to come back to US for work.  Current employer B may have an opportunity for me to send to USA.  In this regard, I had few questions:

1. Can my current employer B file for H1B and not count against cap of 65,000?
2. If I come to US on L1B, can I use PD of my employer A during GC process with company B?

[Vikkumar]

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 ? 

[JoeF]

An employer is required by law to inform USCIS when a person on H1 is no longer working there. That results in H1 revocation. It is an administrative thing and has absolutely zero effect on getting a new cap-exempt H1.

If you have an approved I-140 for 180 days any revocation of that I-140 is meaningless. You can reuse the PD of the I-140 and you get H1 extensions based on that I-140.

Edited November 3, 2021 by JoeF