Options beyond petition sent back to USCIS

[immigrant2011]

First of all thanks to all the gurus for your timely response on this forum and wish you a very happy new year.

I am planning to go for new H1B as my current H1B petition has been sent back to USCIS for further review and possible revocation. I have spent 5 years and 1 month on current H1B. I have few questions regarding my current situation:

1) Since i have my I-140 approved with current employer, would i be able to get my H1 extended beyond 11 months based on this approval?

2) If i need to go with new H1B with another employer do i need to revoke my current H1 which is sent to USCIS for further review?

3) If my priority date( EB2- July-2009) becomes current, before my H1B stamping, then what would happen to my Green Card petition?

4) Based on multiple discussions, it seems there are high chances that my priority date would become current. So what are my options to expediate my Green Card process from India?

5) If i go for new H1B with another employer and they would start my GC process using old priority date, what would happen if my priority date with old employer becomes current before my new Labor/I-140 gets approved?

Thanks in advance for your help with above.

[shervin143]

1) Since i have my I-140 approved with current employer, would i be able to get my H1 extended beyond 11 months based on this approval?
>>> Yes.

2) If i need to go with new H1B with another employer do i need to revoke my current H1 which is sent to USCIS for further review?
>>> No.

3) If my priority date( EB2- July-2009) becomes current, before my H1B stamping, then what would happen to my Green Card petition?
>>> H1B stamping has nothing to do with your GC petition. GC is for future employment.

4) Based on multiple discussions, it seems there are high chances that my priority date would become current. So what are my options to expediate my Green Card process from India?
>>> There is no process to expediate I-485. You wait for the priority date to open and file the petition as anyone else and wait for the result.

5) If i go for new H1B with another employer and they would start my GC process using old priority date, what would happen if my priority date with old employer becomes current before my new Labor/I-140 gets approved?
>>> Once PERM gets approved for the new employer, they can file I-140 and I-485 in parallel.

[immigrant2011]

Thanks Shervin.

I still have couple of questions below, i think i did not quote them correctly in earlier post. Sorry about that.

1) If my priority date( EB2- July-2009) becomes current, before i am able to come to USA due to H1 issue, then what would happen to my Green Card petition?

2) Based on multiple discussions, it seems there are high chances that my priority date would become current soon. So what are my options to file my I-485 fom India?

3) If i go for new H1B with another employer and they would start my GC process using old priority date, what would happen if my priority date with old employer becomes current before my new Labor/I-140 gets approved?
>>> Once PERM gets approved for the new employer, they can file I-140 and I-485 in parallel.
What would happen if PERM from new employer gets rejected or it take longer processing time and my priority date becomes current?

Thanks again for your continuous support.

[shervin143]

1) If my priority date( EB2- July-2009) becomes current, before i am able to come to USA due to H1 issue, then what would happen to my Green Card petition?
>>> Nothing. The employer can file I-485 when you are outside U.S as a consular process. Or they can wait and file it when you return back.

2) Based on multiple discussions, it seems there are high chances that my priority date would become current soon. So what are my options to file my I-485 fom India?
>>> It can be filed for consular process. There is a separate forum for Greencard in immihelp. Post your GC related question there so that you will get better assistance.

3) What would happen if PERM from new employer gets rejected or it take longer processing time and my priority date becomes current?
>>> Nothing happend to your priority date. It is just a date to file I-485. In oredr to file I-485, you need an approved PERM and I-140. Once the PERM gets approved, your new employer can file I-140 and I-485 together immediately as your priority date is already current (From your previous petition).