Regarding I140 valid time and extension of H1B after 10+ years gap

USA H1B
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1

Hello sir,

Mine is a different case altogether. I traveled back India in 2013 with the same employer in India. While I was in India my PERM and I 140 approved. I was with the same employer till 2019 and moved to a new emploter in India. When I changed employer I have not transferred I 140 with new employer. In this case what happens to my I140, can I transfer H1B with any new employer on my approved I140 under cap exempt??

Not sure thos can be done after 10 years of stay on India.

Please answer what all options that I have to reenter US after such long gap.

Thanks,
Srinivas

2

You can find a new employer in US who is ready to sponsor you and file new PERM and i140.

Then, they can port the previous i140 priority date yo new one.

3

Thank you Anil for immediate response, do I need to apply a fresh H1B in the lottery or with a new employer I can just transfer my H1B? Also I have utilized all 6 years with my earlier period. If I am not using my I140 how can extend period on new H1B with new employer.

Please answer.

4

If you do not use your approved i140, you must file an H1B through the lottery in April to be counted in a new cap and get a new 6-year time.

The only way to extend an H1B beyond the 6-year quota is to use an approved i140.