H1B transfer from India

B

bhairavi

New Member
Hello

I was working with the employer A who initiated green card process EB2 and got the approval of I 140 with the priority date march 2012. In April 2022 due to personal reasons I moved to India and got employed under employer B. My H1B(with old employer A) visa got expired by August 2022.
Now, can my new employer B file extension of H1B based on old I 140 ? or do they have to file new H1B petition ? Being outside the country now, what I should do to get back .

Please give your suggestions.
Thanks in advance..
 
Employer B can file h-1b petition not subject to numerical limitation based on previously approved I-140. Once you are in the country have your new employer file PERM & I-140 & recapture old priority date and file I-485.
 
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