Query about H1b and I-140


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Question : I have been employed since 2005 in USA. My H1-B started jan 2006 and 6 yrs ended on jan 2012. I was employed with company ABC when my 6 year H1-B ended on jan 2012. ABC had filed for my green card (priority date: October 2010) and based on approved I-140 they filed for post 6-yr H1-b extension till Dec 2014 as my priority date was not current. My visa is stamped still Dec 2014 on my passport. I changed employer in April 2013, and the consulting firm i joined filed for my H1b transfer in April 2013 and it got approved till May 2014 based on the 1-yr client letter. So, my employer will continue 


using my I-140 from previous employer to extend my H1-B for now. Now, my problem is, i need to go to India for 1 year from 


April 2014 to say April 2015.

1. Under what conditions can my current employer (consulting firm) hold my H1-B?Or Can it do something to extend it?

2. What happens to my approved I-140 from previous employer if i leave the country?

Please advise



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1. Your employer can definitely try to extend your H-1b with accompaying letters from your clients that you have a job for next one year or two. Sometimes employer goes with inhouse project, but it usually invokes RFE.

2. Once your I-140 is approved, it's approved, you can use the priority date set by your previous I-140 or can use it to get H-1b approved for 3 years with accompanying letter showing you have a job for 3 years.

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