Question related to switching job or travelling out of US after I140 approval

Tushar_India

New Member
I am currently in 7th year of H1B. 7th Year extension was filed based on pending perm application. Now perm is approved and I am in the process of filing I140. Looking forward to get 3 year H1B extension based on approved I140 by end of this year. I have following 3 questions.
1) Once I140 is approved with my current employer if I want to switch the job in US and retain same priority date then do I need to stay around with my employer for 6 months from date of I140 approval.
If I switch before 6 months are done and my employer cancels I140 application will my new employer still be able to use old priority date based on I140 approval.
2) If I get 3 year extension after I140 approval and I travel back to India for same employer. Can I stay outside US for more than year. While re-entering can I just get my stamping done and re-enter or I need to get fresh H1B from regular cap as old one will be reset once I am out of US for more than a year.
3) If I get 3 year extension after I140 approval and I travel back to India for same employer. Can I switch the job to new employer in India and will I be able to transfer my H1B and use same priority date for perm processing with new employer.

Thanks in advance for your response.
 
If you are currently in US on H-1B visa beyond 6 years you need to have I-140 approved or labor certification being filed before start of your 6th year of H-1B in which case you can extend your H-1B for 3 years or 1 year incrementals. Should your I-140 employer chooses to withdraw or cancel I-140 you are out of luck and cannot extend H-1B, BUT you should be able to port priority date for any future I-140 filings.
 
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