I140 approved but in India

[enterprenuer]

I applied for my I 140 in my company (in US) and moved back to India (in same company), for personal reasons. Still working in same Company. Now, my I140 got approved and I'm planning to go back to US. What is the process if I have to change company / job to come back to US? My H1B stamping is valid till Sept 2012. Current H1B still has 9 more months validity. It has been around 6 months since I came to India.

Please advise.

[BigJoe5]

I applied for my I 140 in my company (in US) and moved back to India (in same company), for personal reasons. Still working in same Company. Now, my I140 got approved and I'm planning to go back to US. What is the process if I have to change company / job to come back to US? My H1B stamping is valid till Sept 2012. Current H1B still has 9 more months validity. It has been around 6 months since I came to India.

Please advise.

So, you have an approved I-140, great for you. What is the priority date? How long is it expected to take before an Immigrant Visa will become available as per the Visa Bulletin?

The H1-B (and the L) visa allow for "dual intent" so re-entering as an H1-B is OK. The Immigrant and nonimmigrant visas are separate and distinct from each other.

I believe you are asking about "porting" under AC21. That would not come into play until 6 months AFTER filing an I-485 AFTER a visa becomes available. That is probably a long way off. SEE: Matter of AL WAZZAN, 25 I&N Dec. 359 (AAO 2010) at: http://www.justice.gov/eoir/vll/intdec/vol25/3699.pdf

IF your I-140 sponsorship should change, you would likely be able to retain the priority date on a new I-140 filed by a new petitioning employer.

See 8 CFR 204.5

(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

[enterprenuer]

Thank you for the response. Priority date is May 2011. So if I find a new employer, i need to get my H1b transferred first and then go for stamping again. Later employer will file a new labour, followed by I140, with same petition date, provided my company doesnot cancel my labour till then. Correct?

Since I'm in India will there be any deviations in the I140 transfer process?

[BigJoe5]

Thank you for the response. Priority date is May 2011. So if I find a new employer, i need to get my H1b transferred first and then go for stamping again. Later employer will file a new labour, followed by I140, with same petition date, provided my company doesnot cancel my labour till then. Correct?

Since I'm in India will there be any deviations in the I140 transfer process?

You need to sit down with an immigration attorney with real in-depth knowledge of U.S. immigration law. That professional would be able to drag information out of you to get at the real issues involved. You don't seem to understand the system well enough to ask pertinent questions. You seem very confused and to have only been guided so far by rumors and blogs. See a pro before you make a terrible mistake.