Porting I-140 priority date and applying for a new H1B

[sachin456]

Hi,

I have been with my current employer for 3 years on H1b now. I have an approved I-140. I need to go back to India for personal reasons.

If I want to come back on a H1b visa after 1 or 2 years, will the the new application for H1B be subject to the H1b cap?

Will I be able to port the priority date from the previously approved I-140?

Thanks,
Ashish

[shervin143]

How much time have you already used in your 6 year limit on the H1B? Once you leave the current employer, are they planning to revoke the approved I-140?
Priority date can be ported even if the petition is revoked.

[sachin456]

I have used 3 years out of 6...I am not sure if I-140 will be revoked or not

[shervin143]

Well, in that case the same employer or any new employer can file a new H1B petition using the CAP from your previous H1B and you don't have to go through quota. You will only get the remaining 3 years if you use the same CAP.

I have used 3 years out of 6...I am not sure if I-140 will be revoked or not

[sachin456]

Thanks for your reply...can the priority date from the i-140 be ported too?

Well, in that case the same employer or any new employer can file a new H1B petition using the CAP from your previous H1B and you don't have to go through quota. You will only get the remaining 3 years if you use the same CAP.

[shervin143]

I already answered YES to that. It can be ported as long as you have a copy of your I-140 approval notice.

Thanks for your reply...can the priority date from the i-140 be ported too?