H1B time recapture after being away for over an year

[John Staper]

On H1B since March 17, 2006
I-140 Notice Date - Dec 20, 2011
I-797A Valid between 9/6/12 - 9/5/15
Priority date - May 26, 2011 (EB2)
Country of citizenship by birth - India
Education - Engineering Masters in the USA.

Left USA - Jan 2, 2014.
Out of USA since then.

I want to come back to the US on basis of unused portion of H1B and approved I-140.

Assuming that my last US employer has not revoked I-140, can my future employer transfer my H1B (not subject to 65k quota) and apply for a new labor while maintaining my priority date in May 2011? or Will they need to file a fresh H1B application (subject to quota) and I lose my priority date?

Thanks in advance for your legal advice.

 

[SusieQQQ]

Thanks in advance for your legal advice.

I can’t answr your question but if you specifically want legal advice you should be contacting a lawyer, not posting questions on an Internet forum that anyone can respond to. There are legal sites where lawyers answer questions for free.

 

[Amberleaf]

I agree with SusieQQQ, your question is best answered by an immigration lawyer, not an internet forum.