H1 transfer with Approved I140 and expired I94

[Pashatech]

Hi,
My ex employer filed for I140 in 2015, however I returned to India in 2016, left the company in 2018. My Visa was valid until Feb 2016 and I had almost exhausted my 6 years on my H1B. My I140 was approved by the time I left my previous employer.
My question are -
1. Will my I140 be still valid? How to find out/verify?
2. Can my new employer file for H1 extension(out of cap)based on I140 of old employer
3. Do I need to do H1 transfer before extension can be filed?
4. If my new employer decides to file GC, can they file it in a category different than the previous perm application?
Thanks

[draghuna]

I am not an immigration attorney. My response is based on the knowledge and exposure I have

1. Will my I140 be still valid? Unless its been revoked by your previous employer, it should still be valid. How to find out/verify? You can initiate a FOIA request with USCIS to provide all immigration related documents and that should include your approved I140 copy. You can also reach to your previous employer and see if they can provide this.

2. Can my new employer file for H1 extension(out of cap)based on I140 of old employer. Yes they can. This will have to be evaluated by the law firm hired by your company. Since you mentioned you are almost exhausted the 6 year term AND that its been a few years now, it needs to be evaluated.

3. Do I need to do H1 transfer before extension can be filed? Its going to be based on what you find for 2. If you can continue with the previous H1B, it will be a transfer. When your transfer is filed, law firm will use your approved I140 to handle the extension at the same time. Its not like transfer first and then extend. It will be done together.

4. If my new employer decides to file GC, can they file it in a category different than the previous perm application? Yes they can file for a different category AND in fact secure the original priority date from the approved I140.

When a company is ready to sponsor your visa, you can discuss with law firm and get a closure to all of your questions. They usually do a deep dive of your case and provide a solid response.

Hope this helps.