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?

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 it revoke free.

Hi, I have some what different scenario, I was in US on L1 Visa and have filed my GC with PD of May 2015. with approved I140. I have return back to India after completing my 7 Years on L1. and there after have been working at India location. In 2019 I have changed my Employer in India. My i140 st…

Hi @Game_Over You need an employer to give you a job offer in same or similar position and then file PERM and i140 again.

Hi, I have very different situation. My H1B visa is going to expire on end of Dec 2020 and recently my H1B visa extension was denied by USCIS. Currently, I have completed 5 years on H1B and I-140 is pending for approval. My employer is not likely to file an extension again within the short time. So…

You will need to get H1B extension approval if you want to come back with same Employer.

@anil_am22 - First of all thank you for addressing so many questions. I have read thru the post. Please see my situation and suggest: Lived in US on visa for 9 years, my last company had filed my GC so had my approved I-140 in 2016. Came back to India in 2018, my visa was valid till 2020 so no…

Thanks a lot Anil for answering my question. One last thing - I don’t have the copy of my approved I-140, I just have the receipt number. Can employer file my H1 just based on receipt number?

Use USCIS FOIA request to get i140 copy . Its free.

Thanks @anil_am22 , my old employer has shared the I-140 approval notice (I-797). Is that enough for H1 transfer to new employer OR do I need the I-140 petition copy as well?

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

USA H1B

anil_am22 (Anil Gupta) May 7, 2021, 1:06pm 51

Your employer can file an H1B transfer using approved i140. The withdrawn i140 should not affect it.

You do not need to go through lottery.