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vidya1979
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Now my issues are resolved and I'd like to come back - My previous H1 might have been revoked so I have to find an H1 sponsor.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 I am not sure, but the labor might have been revoked by Company A. But since there is no fraud in it, would it be possible to retain the priority dates?

Regards.

itsmeusa
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.

vidya1979
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.

itsmeusa
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.