Capturing priority date once left US

[cooljack4u]

Hi,

I had filed my GC through my last employer. My labor and I-140 was approved with priority date of Oct 2008 in EB2 category. In Aug 2010, I have joined new employer. My employer had told me that he will withdraw my I-140. My six years are getting over in Apri 2012. When I had applied for my H1 B through new employer, my employer had only asked H1 B till March 2012 bacause they said they already had a labor approved till that time ( It does not make sense to me as why would they just apply for shorter period of time and spend another H1B filing fee when it expires)

I got my H1 B approved till March 2012.

They have also applied for my labor in March 2011. I know I can retain my priority date while filing for I-140 even if it is withdrawn.

My question is

If I leave the country and go to India, stay there til the priority date becomes current,

Come here in US again through new H1 B through new employer and if they file for my GC, can I retain my old prioriy date of 2008 ?

[Chagan]

I140 Applied Feb-11 (regular)

Received- Feb 14

Category-EB2

Center-Texas

Decision - Processing