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.
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.