I am planning to move to US from India, so will my H1 with a new employer go through lottery again? I also need some clarity in the GC process.
I am willing to move back to US from India after a 10 month stint. I earlier had a H1, but if an employer is willing to sponsor me in US, will my visa go through lottery again? Can my new employer process green card from where I left it? My I-140 was not approved, and the priority date was Oct 2009.
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Official comment
Good news is that once your H-1B is approved, you never need to apply again. There is only chance for OPT and H-1B. If your current H-1B is valid then you can just transfer it to your new employer. The process takes 2 weeks with premium processing and usually not that painful (lawyers should take care of it).
Unfortunately, you will have to start the green card application again. I-140 is just a petition for an alien worker in the U.S. Here are more details about the form:
Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker
The priority date for PERM based applications needs to be understood correctly. Based on the article below:
Filing an I-140 and I-485 Concurrently To Speed Up The Green Card Process - AllLaw.com
“In the context of PERM-based I-140 petitions, your priority date is the date on which your PERM was submitted to the Department of Labor (DOL) – NOT the date the DOL approved your PERM. For example, if you submitted your PERM on October 1, 2015, and the DOL approved it on January 1, 2016, your priority date is October 1, 2015.”
You may have to start the application process from scratch since your I-140 wasn’t approved.
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