TN -> H1B -> Old I-140

honeybadger511

honeybadger511

New Member
Hi,

I was on H1B for 4 years got my I-140 approved as Indian Citizen. Moved to Canada and now back in the US on TN status.

I wanted to go back to H1 since I have 2 years left (can I go back to H1 without going through lottery again) and can the new employer port over my old I-140 with the same priority date.

My I-140 has still not been revoked from my old employer till now as per USCIS website.

Waiting for your reply,

Thanks.
 
Yes you can claim remainder period of 2 years of H-1B. You can also claim additional period under AC21 for H-1B since you are from heavily retrogressed country
 
Thank you for your reply. Do I have to file a new I-140 once I reach 6 years or can I use the existing one and just port over ?
 
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