My Priority Date: 09/2013, EB2 - opted to file AOS/I-485 in US.
My H1B extension was denied in 2017 (failed to prove ‘employer-employee’ relationship) and moved to India. After 2 years, my employer withdrew my I-140 (which is way more than 180 days of I-140 approval). I’m hoping that my PD may become current in few months or years. Based on my case, I would like to get your valuable feedback on following questions,
- When my PD becomes current, is my withdrawn I-140 is ‘VALID’ to apply my GC on consular process (NIW) in India?
- If ‘YES’, which are all the documents required from my employer who sponsored my GC? Like offer letter…?
- If ‘NO’, shall I choose to reapply H1B via the same employer,(after H1-B approval) does this require employer to reinstate my withdrawn I-140 or apply new I-140 or restart from PERM?
If employer fails to provide any supporting documents for GC consular process, can I submit the documents from a new employer who is willing to offer me a job?
Opting to travel US on H1-B (filed via existing I-140); sponsored by ‘NEW’ employer and assume that job duties for GC are also ‘same or similar. Does the NEW employer restart the GC process from PERM or can concurrently apply new I-140, I-485, and port when the priority date becomes current? Any risk for GC denial?
Please share your experience or any insight to make a correct decision.