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.
