I am asking these questions on behalf of a friend. Really appreciate any guidance and help!
Situation: As a Permanent Resident, my friend currently lives in Canada and is working for a US company in Mississauga, ON (let’s call it company A). Now he has a job opportunity to move from Canada to the US within company A. Before coming to Canada, he worked in the US in a different company (let’s call it company B) on H-1B visa, for over six years already, and had an I-140 filed and approved with the same company B. The I-140 is still valid and never revoked. Because of country quota, he hasn’t filed I-485 yet.
- Will my friend be eligible for a cap exempt H-1B visa, when moving back to the US with company A, assuming company A will sponsor the H-1B visa? Or, does he need to go through the lottery process again for a new H-1B?
- Company A will sponsor my friend green card. In this case, will it be possible to relink the PD back to the I-140 filed and approved with company B several years ago?