Hello, I’ve a question on I140 expiration/validity. I currently hold an approved I140 but decided to move back to India due to personal emergency. My plan is to stay back in India for few years. In this case I’ve 2 questions
1: Will my current I140 expire even if I stay with the same employer but working from India for more than 2 years
2: Will my current I140 be still valid if I move to an another employer while staying in India.
Please help me to clarify my questions
Once approved unless USCIS revokes it (in most case only if fraud is discovered) your I140 will remain valid till you use it to file your AOS/I485 however if you do not file AOS with in a year of your priority date gets current, you will lose the opportunity to get your GC and thereafter you wont be able to utilize your I140 for filing I485.
However you can keep using I140 to renew your H1B beyond 6 years unless USCIS denies your extension for whatever reason.
Yes, however your new employer will need to restart the green card process ( PERM → I140 → I485) but you will be able to port your PD from your existing I140 to the new I140.