View Full Version : I140 - To India and back

02-16-2013, 11:39 PM
Here's my scenario:

I was working with Company A from Aug 2008 to Aug 2012.
I had my I 140 approved through Company A in EB2 category and got a priority date of Nov 2010.
Then I transferred my H1B from Company A to Company B and legally started to work for Company B from Sep 2012.
Something came up on my family front and I had to quit Company B and go back to India in Oct 2012
Now my issues are resolved and I'd like to come back - My previous H1 might have been revoked so I have to find an H1 sponsor.
Assuming I get a H1 sponsor who agrees to do my greencard, would it be possible to port the PD (from Company A)? I am not sure, but the labor might have been revoked by Company A. But since there is no fraud in it, would it be possible to retain the priority dates?


02-17-2013, 09:52 PM
You can definitely take advantage of approved I-140 from employer A even if A revokes it. You can retain PD. But you need I-140 approval notice no. Employer A can't revoke PERM / labor.

02-18-2013, 10:17 PM
In the same lines,

I had an H1B petition with my previous employer till mid 2015. Even if the petition is revoked, will I be eligible to file for a cap-exempt H1B with another company? I have been out of the country only for 5 months.

In case I am eligible, can I start working as soon as the approval comes in or should I wait till Oct before I can start working.

02-19-2013, 05:34 AM
Your H-1B will be cap-exempt as you were out for only 5 months. In that case, you do not need to wait for Oct. As soon as it's approved and you get H-1B visa to enter US, you can start working. Please consult lawyer for more details.