I140 and in india

[sony6317]

Hi friends, I have a query as below .

If we have i140 from company A and we came back to India for some personal reasons and didn't return to US for 10 years. After 10 years can we use this i140 to travel to US ? Or can we come to US on existing H1B petition if we have not used all 6 years ? Can we come to US on h1b through a different company B , if so can I continue my GC with my old i140 ?

[jairichi]

If I-140 is not revoked and is valid an employer can file a cap exempt H1B petition even after you completed 6 years stay in US on H1B.

If you have not stayed 6 years on H1B status an employer can file a cap exempt H1B petition to get those unused years even if I-140 is revoked.

Any employer can file.

[rahul412]

To enter into US you need H1, and to continue your GC process that I140 should be still active.

[sony6317]

Thank you. Will my i140 be active even if I change to a new employer ?

[sony6317]

@jairich

If my i140 is not revoked can a new employer use the same i140 for further GC process and if revoked do I need to start the GC process all over again ?

[jairichi]

Thank you. Will my i140 be active even if I change to a new employer ?

That you need to ask employer who filed I-140.

[jairichi]

@jairich

If my i140 is not revoked can a new employer use the same i140 for further GC process and if revoked do I need to start the GC process all over again ?

That I-140, if it is valid will help you to get 3 year extensions on H1B and keep you in line to get a GC. If revoked you lose both and new employer has to start GC from scratch.

[rahul412]

Thank you. Will my i140 be active even if I change to a new employer ?

only if your old employer doesn't revoke it.