I am working on H1B after finishing MS in USA. I have approved I140 from earlier employer A with Priority Date May2014. I have another approved I140 from employerB(PD-Feb2017)(PD from empA I140 is not ported on 2nd I140 from empB). Both approved within 6 years of my initial H1 period. Every 3yr H1 extension beyond 6yrs of H1 were done using empB I140. Due to a situation I need to go back to India for 2-3 yrs. In that period my Priority date from May 2014 may become current. I read about a rule that prevents us from securing H1 extensions if we are not able to file I485 within 365 days of PD becoming current & once EB2 processing date moves beyond 365 days of our PD we can no longer use my I140 from empA for H1 extensions. Q1) In such scenario, can I use my 2nd I140 from empB (PD-Feb2017) to return to US cap-exempt via new employer C securing 3 yr H1 extension without going through H1 lottery? (Assuming current processing date for EB2-India would not have passed 365 days beyond Feb2017 then) Q2) If I cannot return cap-exempt, will I be eligible to apply for new H1 lottery if 2nd approved empB-I140 cannot be used? Will I face any challenges due to prior I140 (immigration intent)?

User's Location: Union City, Alabama, United States of America

Category: H1B Visa (Work Visa)