Approved I-140. Currently in India on expired H1-B

[sansk]

I am looking for some guidance. This is my scenario: I have an approved I-140 from my current employer with PD 2017. I moved to India with the same employer for some personal reasons in 2022. My H1-B visa which was based on my I-140, expired in Jun 2023. Now, I am trying to get back to the US. However my current employer is not willing to apply for H1-B renewal. So, what are my options? 

Can another company apply for my H1-B without going thru lottery pool based on the I-140 thru consular processing?

[Attorney_22]

On 2/19/2024 at 7:18 AM, sansk said:

I am looking for some guidance. This is my scenario: I have an approved I-140 from my current employer with PD 2017. I moved to India with the same employer for some personal reasons in 2022. My H1-B visa which was based on my I-140, expired in Jun 2023. Now, I am trying to get back to the US. However my current employer is not willing to apply for H1-B renewal. So, what are my options? 

Can another company apply for my H1-B without going thru lottery pool based on the I-140 thru consular processing?

Generally, as long as the I-140 was approved for 180 days and your priority date is not yet current- you can use the I-140 as a basis for H1B time beyond the normal six-year limitation. You may also have some time left on your initial six years.  

[sansk]

Thanks for the response @Attorney_22. My 6 years have completed. I lived in the US for more than 9 years before I moved to India. So, based on your response, any new employer can file for my H1 renewal without going through lottery pool. Is that right? And if this happens, then as I'm changing employers would I be eligible for DropBox or will have to go for interview. My most recent H1 expired in June 2023

[Attorney_22]

8 hours ago, sansk said:

Thanks for the response @Attorney_22. My 6 years have completed. I lived in the US for more than 9 years before I moved to India. So, based on your response, any new employer can file for my H1 renewal without going through lottery pool. Is that right? And if this happens, then as I'm changing employers would I be eligible for DropBox or will have to go for interview. My most recent H1 expired in June 2023

Your understanding is correct (until your priority date is current). Generally, your situation would also allow you to use the dropbox as the rules are currently. 

[sansk]

Thank you so much for your responses. Really appreciate it!!