Old Priority Date new H1 after 4-5 years

[vpatel]

Hi -

 

I had my I140 approved in EB3 few years back and had to leave USA since then.

 

I found a new employer who is going to file fresh H1 for me, If my H1 goes through can i apply for fresh PERM\I140  in EB2 and port my old EB3 priority date? I was out of USA for about 4-5 years now so want to know if i can still use my priority date? What are the conditions that voids priority date?

 

Thanks,