Approved i140 - Leave US and come back later through a different h1b employer?

(sd) #1

I have approved i140 and currently on H-1B in my 5th year.

Can I leave the US and come back later through a different employer (not from the same employer with whom I have my current H-1B and I140 approved) once my date is current?

(Anil Gupta) #2

You can file H1B transfer anytime from within or outside USA using your approved i140 anytime in future.

Just make sure that you work with your current i140 employer for at-least 180 days after i140 approval to make is revoke free.

(sd) #3

I have already completed around 3 years with my current employer on approved I140 (PD: April 2016) . So in that case, if I leave my current employer and United States now, it would be safe to come back.

Also, Can you please help me pointing (based on your experience) any attorney who delath with similar situations in past and can help me. I am looking to hire a attorney who can help me process my petition when needed.

(Anil Gupta) #4

I do not have any attorney to refer at this time.

Whenever you will need to file a new H1B, usually the employer will have their attorney.

(sd) #6

OK, no worries.

But overall, If i go out and try to come back later on, legally I should be able to… is that correct understanding ?

Also, do you have any of your blog (or someone else’s blog) link which outlink the who process , where if one goes out of States, what all he need to do to come back, like finding employer, and all other unknown or easy to skip details.

Thanks in advance.

(Anil Gupta) #7

Yes, legally, you can come back.

You will need to file an H1B employer who can sponsor your H1B visa. That’s it.
Everything else remain same as you would have got the H1B earlier.

(sd) #8

So in that case, do I need to maintain my H-1B status too, like keep on renewing H-1B until dates are getting current. I was reading somewhere, where it was mentioned that you need to keep your H-1B active (either with your current employer or some other employer) else your i140 will be invalid.

And for that my doubt is, if you are out of country and also left employer, how cam H-1B can be keep running.

(Anil Gupta) #9

As I already said, legally you can stay out of country and still keep your i-140 active.

i-140 once approved stays active unless it is explicitly withdrawn. Also, i-140 is for future job position based on the assumption that your employer will have the position to offer when your GC date gets current.

You will need to file a new i140 with the employer at that time to finally file i485 (Green card).
The current approved i140 can be used to extend H1B any number of times.

I cannot comment on what you have read on other blogs/forums.

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(Anil Gupta) split this topic #10

A post was split to a new topic: Approved i140 - L1B max out 5 years, H1B approved for 1 year - File H extension?