How long I can out side USA with approved I-140 & H1B revoked

[mkatti]

My EB2 priority date is Feb 2011, My I-140 is approved with Employer A.

I came back to India in July 2012 due to some family emergency and still I need to stay in India for next 6 more months or so. Soon I came to India I went for H1 Visa stamping in August 2012 and got approval for 3 more years based on my approved I-140 as I had already completed 5.5 years in USA with my initial H1 B period of 6 years.

Since August 2012 I am working in India with the Employer A's offshore branch office at India.

In March 2013, USCIS person enquired about my job at my client place in USA where I was working on contract basis through my Employer A just before I coming back from USA. USCIS realized that I am no longer working at client place for the last 7-8 months so they revoked my H1 and intimated to my Employer A in USA.

My Employer A told me that once I am ready to come back to USA, they will try to get me a new client/project, arrange to get me a client letter then they can file for H1 again. On my H1 petition approval, again I need to go for fresh visa stamping in India to re-enter USA again. They also said I-140 will be NOT be impacted with all this process and will not expire as my existing H1-B is revoked by USCIS.

My Questions are,
First question: Is my employer response right?

1) Do I need to wait for Yearly H1 quota to apply for H1 or I can apply for it anytime as my I-140 is approved?

2) In case if I can apply for H1B anytime, do I need to file H1B petition first and then go for Visa stamping or I can directly go for Stamping?

3) Anyway now my H1-B petition is revoked, so what about my approved I-140 status? How long will it still be valid? Would there be any impact if I get new H1-B approval ?

4) If I delay to come back to USA due to my personal matter, How long will my approved I-140 will be alive even when I continue working with the same offshore branch of my Employer A ?

Well in advance, thanks for clarifications...

[nicoeppersma]

My EB2 priority date is Feb 2011, My I-140 is approved with Employer A.
My Employer A told me that once I am ready to come back to USA, they will try to get me a new client/project, arrange to get me a client letter then they can file for H1 again. On my H1 petition approval, again I need to go for fresh visa stamping in India to re-enter USA again. They also said I-140 will be NOT be impacted with all this process and will not expire as my existing H1-B is revoked by USCIS.

My Questions are,
First question: Is my employer response right?

1) Do I need to wait for Yearly H1 quota to apply for H1 or I can apply for it anytime as my I-140 is approved?

There are two things to separate: one is your work authorization (H-1B petition) and the other thing is the physical visa stamp in your passport. As long as the physical visa is valid, you can use it, provided that there is an underlying H-1B petition active. I am unsure whether or not the revocation of your current petition means you will no longer be cap-exempt. I would recommend you to consult an immigration attorney.

2) In case if I can apply for H1B anytime, do I need to file H1B petition first and then go for Visa stamping or I can directly go for Stamping?

That depends on the validity of your current visa.

3) Anyway now my H1-B petition is revoked, so what about my approved I-140 status? How long will it still be valid? Would there be any impact if I get new H1-B approval ?

The I-140 petition is for future employment so that will not be affected. It will be valid until revoked by your employer or USCIS.

The H-1B visa is "dual intent". This means that you can have the intent to immigrate. Therefore, it is unlikely to affect new H-1B approvals.

4) If I delay to come back to USA due to my personal matter, How long will my approved I-140 will be alive even when I continue working with the same offshore branch of my Employer A ?

Until revoked.