Can I use approved I-140 onld 1st H1B on New separate H1B

[rajeshbillabong]

First of all thanks for reading my query.

Here is my case.

PD Oct 2008 and I-140 approved in 2009

Went to India in 2011 stayed for 2 years in India.

Coming back to US this year Oct. on a NEW H1B visa.

Since my old I-140 is still valid as per USCIS site.
Now can I use my old Priority Date for GC processing on NEW H1B?

Please share your views, I have already spent $200 with a lawyer on other queries I had, but this query slipped my mind, I don't want to make another appt. for just this query :) .

regards,
Rajesh

[schintala]

Yes. Your old PD from the previous employer can be ported to new employer, provided it is not fraudlent. You will have to undergo whole process of applying PERM and filing I140 with new employer. During I140 filing your attorney can request it to port the old PD.