I140 & Priority date question

[giri26]

My Perm was was filed in 2007 and my priority date is September 2007. I have an approved I-140 which wasn't revoked by my employer. I had to leave US in 2016 due to personal reasons. I quit my job and left the country in November of 2016. Just wanted to understand how long can I continue to use my approved I-140 and my priority date? My I-140 was approved in June 2008 and I am 100% sure that it hasn't been revoked by my employer. I worked for the same employer for the entire 10 years. Any information will be helpful. I am not sure if I want to go back to US but if I did I would like to understand if I would be cap exempt and if I can use my 2007 priority date.

[Attorney_17]

Hello,

The government requires that the application for permanent resident status should be filed within one year of the priority date becoming current. Currently, the government is processing green card applications for those with priority dates substantially after yours. Because of that, you will need to consider whether you would like to live in the US on a permanent basis, as the government will likely require that you file for permanent resident status before granting further work authorization. Continued H1B status based on a pending I-140 is contingent on the idea that the foreign national will be using it to maintain valid status while waiting for their turn to file for adjustment of status. This means that it is not simply a method to gain more years of H1B status without the intent to then become a lawful permanent resident. Further, the I-140 is related to a future job offer. This means that if you do decide to pursue lawful permanent residency, the employer that owns the I-140 will need to demonstrate that there is still a job waiting for you with them. Should you decide to explore your options more, please feel free to schedule a consult with one of our attorneys.

[giri26]

Hello,

Thanks for your response. I had resigned my job with the company who hold my I140. So they are not going to file AOS and also it has been at least 3 years since my PD was current. So that is out of the window. So I am thinking the only option is to get H1B via lottery and use my priority date to get the GC sooner. I am thinking I can reuse my PD even though I am not using my I140 to extend my H1B