Approved i140 and company transfer

Hi, I have gone through your forums. Just a quick confirmation required. I have approved i140 with employer A. Due to some personal reasons I moved back to India. I would like to move to Employer B in India. If I want to travel back to USA now, do I need to file a new PERM and i140 with emp B? Or at the time of i485 application, can I apply for new i140? It’s been more than 3 years my i140 was approved.

You need H1B job sponsorship from employer B. Employer B can file H1B in cap-exempt (no need to go through lottery process) as you have approved I-140 (should not have been withdrawn by employer A within 180 days of approval). Once H1B petition is approved, you can get the visa stamped (if you don’t have a valid H1B visa from past) and travel to the US to start H1B job with employer B. Employer B will then need to file PERM/I-140. Once approved, they can file I-485 when your PD becomes current.

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