Need expert opinion - Moving back to US

[scorpion79]

Hello All,

 

I have my I-140 approved with PD of July 2012 in EB3 category. I recently relocated to India in September 2015 through my same employer in their India office. My current H1B is valid till Oct 2016 and my I-140 application will continue as long as I stay with same company here in India.. I had moved to India thinking I have an option to come back to US whenever I want as my company was not going to revoke I-140 and H1B.

 

Now the issue is my company is being taken over by company B who might not continue my I-140 after the acquisition. In that case if I have to return to US what are my options? What I want to know is:

 

1) Can someone transfer my H1 now since it's valid and file for my GC?

2) Can someone just start my GC as GC is for future employment and does my PD carry over?

3) If company B decides not to revoke my petition and I-140 would the amendment needed to be filed as the company names would change? If yes, then I am not sure if company B would continue my petition.

 

I just want my options to come back to US open in case I decide to move back in a year or two.

 

Thanks,

 

Deepak

[jairichi]

1. Yes. New employer has to start GC process from scratch.

2. If I140 is revoked you cannot retain PD.

3. Well, ask B about it. Just do not speculate.