I-140 validity

[nmahesh567]

I am currently on H1B status and this is my 6th H1B year.

I have approved I-140 and priority date is 2010. Can I go to India for say 6 months/1year and have another employer file H1B petition based on the approved I-140 (from previous employer) and get 3 years visa?

[nmahesh567]

Anybody, please answer.

[goomail]

I don't think so, since it will be a new H1 petition. Also, your new employer must file PERM and I140 to get the previous PD. You might need to stay atleast one year out of US and apply in new cap. I know that it is possible if you continue to stay in US. Also, once you got the new H1, the new employer can file perm and I140 using the previous PD.
--This is my personal opinion