New employer directly from India on approved i140

[L1AGCCheck]

Hi Team,

I am currently in India and I have approved i140 from employer-A.
But they are not processing my H1B.

Can another employer-B, process H1B for me based on PD of approved i40 from India or does this happen only when in US

Thanks in advance!

[rkk09]

Hi,
Before I answer for your question, could you please tell,
how many years you have utilized on H1B?
when did you back to the India?
Do you have H1B Approval validity still or it got expired?
When is your I-140 Approved?
Kindly provide Answer for this question. With that, we can able to help you.
Thanks

[L1AGCCheck]

Hi,
Thanks for getting back! Below are the answers to your questions-

how many years you have utilized on H1B?
---6 Years (But my company had made sure to leave 10-15 days unused so as to process next time.
when did you back to the India?
---I returned in Aug 2020
Do you have H1B Approval validity still or it got expired?
---I do have 11 days or so left in previous petition
When is your I-140 Approved?
---It got approved in June 2021 after my return to India

Thanks!

[rkk09]

Hi Member,
Thanks for your response. With these Answer you provided, I believe you have option to transfer your H1B to another Employer with the help of Approved I-140. But please make sure, your I-140 should not be withdrawn within 180 days of approval.
Thanks

[L1AGCCheck]

Thanks for answer!
So, you mean this can be done from India itself? I don't have to necessarily wait for Employer to send me to US and then try to swtich.

[rkk09]

Thanks for answer!
So, you mean this can be done from India itself? I don't have to necessarily wait for Employer to send me to US and then try to swtich.

Hi Member,
Yes. H1B petition can be filed when you are in the home country itself. Your petition will be approved with consular notification. Get visa stamped then travel to the country.
All the best.
Thanks