Approved i140 but moved back to India


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Hi,

I'm in a unique situation resulting from some personal issues with family health.

In 2019 I returned to India with an approved I-797 (approved until Aug 30, 2021) to get my stamping done, but due to some unforeseen personal circumstances, I was unable to travel back to the States.

I worked with my employer remotely until Aug, 2019, after which they could not permit remote work. I have an approved I-140 (priority date Aug, 2017).

Since Sep 2019, I have been working remotely for a US employer as an independent contractor as it was a startup company and they didn't have legal resources to transfer my H1B.

I am now being offered a new role at another employer who is willing to continue my legal process, and will allow me to move back to the States as well.

1) Can my H1B get transferred with the approved I-140 or will they need to file a totally new application?

2) If yes to 1, how does my greencard application get impacted? (the role I am accepted for is different from my previous I-140 approval, so I'm assuming a new PERM will need to be filed)

3) can I retain the priority date? I'm under EB-2

Any help will be appreciated.

 

Thanks

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1. Every so-called H1 "transfer" is a new non-cap H1 petition by the new employer which needs approval.

2. That GC application is only relevant in that you are allowed H1 extensions with any employer till the PD is current. Since you do not intend to work for the GC employer, any new employer will need to start with PERM onwards though you retain the PD of the existing I-140.

3. Yes.

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21 hours ago, pontevecchio said:

1. Every so-called H1 "transfer" is a new non-cap H1 petition by the new employer which needs approval.

2. That GC application is only relevant in that you are allowed H1 extensions with any employer till the PD is current. Since you do not intend to work for the GC employer, any new employer will need to start with PERM onwards though you retain the PD of the existing I-140.

3. Yes.

Thank you for responding.

There won't be any issues despite me living in India for 3+ years ?

I'm working as an independent contractor since Aug, 2019 .. how do I know if my i-140 is still valid?

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