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

USA H1B
25

Hi @Tammali_Manoj

This may help:

1 Like
26

Hi @Vamsi_Krishna_Chando

Please read the discussion above for your question’s answer.

I suggest to leave US before the end of 6th year to avoid issues later.

27

Thanks @Anil.Gupta :slight_smile:

2 Likes
31

I am not sure how much more clear can i be than what i have already clearly mentioned here above:

You can file any type of H1B application including extension, amendment and transfer with approved i140.

32

Hi Anil,
I totally appreciate your patience and willingness to address all the questions. Thank you for helping the ppl in need. I have read through the discussion. Just want to hear from you - I completed 4 years in USA on H1b and I don’t have my I140 approved. My current organization let go 2500 employees and I was let go on May 2, 2020 and I am planning to return to India as the market is not well to find a new employer in 60 days.
I know it’s a repeat question - but can I come back to USA to re-claim my left over 2 years on H1B with a new employer without approved I140.

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33

Hi Anil,
Also adding the response from my companies attorney .

Hi Arjun,
I just wanted to follow-up on our call yesterday. There is an outstanding question regarding your ability to re-start your time on H-1B after spending 1 year outside of the U.S.

Based on current regulations, if you spend 1 year outside the U.S., you can restart the H-1B clock but you will be subject to the lottery again in the absence of an I-140 approval.

On the other hand, if you will be returning to the U.S. to reclaim the remaining period left in your H-1B (approx. 2 years), then you will not be subject to the lottery again.

I hope this clarifies. Please feel free to let us know if you have any further questions.

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34

Hello Anil. Thank you for helping people.
I have approved I-140, and it was approved 1.5 years back with my current company AAA. I am completing my 6 years bracket this Sep 2020.

So I have applied for an H1B extension with my I 140 and my case was approved for the next three years, I, e 2023. Now my question to you.

  1. Let’s say, I moved to India and staying with current company AAA and I stuck there in India till 2023 and my I 797 expired. Can I file for the extension with I-140 even after I797 expired?.

  2. Scenario 2. I moved to India and switched the company to BBB and stuck with company BBB till 2023 and my I797 expired. And after 2023 the company BBB can file for an extension with current I140 as my I797 expired? Or Company BBB need to file fresh I40 and port the date? Once the fresh New I40 approved then they have to file for an extension?

  3. Scenario 3. Let’s say I moved to India and switched to company BBB, through that BBB company I came back to the US, so in 2023 if I want to file for an extension with company BBB, do I need to have fresh and new I140 with date porting ( i,e do I need to go through PERM and I 140 approval process with Priority Date porting?) or I can use old I 140 for an extension?..

can I use current I140 for multiple extensions with multiple employers…when the date becomes current,…if I am with company ZZZ…

then ZZZ company need to file fresh PERM with Priority date porting and then file for 485. Is it?

35

Hi @Kadamanchi_Sathyanar

Please read the scenarios with approved i140 and H1B transfer here. Everything has been answered in detail for all your scenarios.

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36

yes , you can come back to reclaim your 2 years.

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37

@Anil.Gupta
Hi Anil,
I went through the previous replies but please review my scenario below.
I have PERM approved and I140 approved from my current employer. I traveled back to India in 2015 since my H1B expired after 6 years. My I140 was approved in 2016 while I was in India. I had a brief discontinuation with the current employer for few months for a personal cause in March 2018 but I came back joined the employer back in Oct 2018. I checked that my I140 is still approved.

  1. At this stage if I change the employer in India, can the new employer still be able to use the already approved I140 and apply for a H1B under non-cap category since my 6yrs is already elapsed ?
  2. Will there be any problem because of that discontinuation with the previous employer for few months in this process?

Please let me know.

regards,
SD.

38

I140 is for future employment. I went to india as my PERM was delayed. So i filed i140 with my employer from india and then came back on that i140 with extension.

I had option to change employer in india itself and transfer H1B to new employer. 180 days will be counted even if you are in india.

Thanks

39

You can come with any employer. You can transfer your H1B from india itself. Discontinuation does not matter since i140 filed by one employer can be used to get h1B extesion with other employer.
No Problem at all.

40

Hi, I have approved I140 from my previous employer and been with this employer for over 10 years but recently laid off and in India.
My question is

  1. Do I have to go through lottery again ( my I140 is approved for definitely for more than 180 days but I am not sure if the employer has withdrawn my I140 application. Does it matter if the employer withdraws the I140 after 180 days. Is withdrawing and revoking the same.
    Thanks and Regards.
1 Like
41

Hi Anil,

I have my I140 approved and I stayed with same employer for another 1.3 years after my I140 approved. My PD is Nov 2016 and now I am Canada on PR status.when my PD becomes current, can i file I485 using consular processing from Canada without having employer/employment from USA based on my approved I140 ?

42

Hi @Supriya_Daniel and @Dev_Surati

Please take out 5 minutes and read the article. It has all the answers.

43

Hi Anil,
I had my I140 approved and stayed with company for 180 days. Left US in 2015, now what should be the process if my priority date becomes current (2013). Can I take next step AOS from India? Or I should return to US finding a H1B sponsor?

Thank you for your time and help.
Prabhu

44

Dear Anil,

Great answers to all questions and appreciate the same. I couldn’t find below scenario and hence asking. Sorry. I have an approved i140 and currently in India. My priority has become current (oct2014) and can I file change of status (i485) while in India or I must come back to US to file the same? Also if I change employer in India at this time, can they directly file i485 or should they transfer my I140 and go through the process?

Regards
Raj

1 Like
45

Hi
I am currently on H1B and thinking to file GC. Let’s assume in 1yr I get i140 in my hand. After that

  1. if I want to leave US and come back after 4 years what will happen to my GC application?
  2. Does it matter if we go to Canada and take Canadian citizenship and come back after 4 years. On which visa I will be able to work in the USA in this case?
  3. After 1 & 2 Will my priority date remains the same?
46

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 status still shows as Approved.
Now if my PD becomes current, what should be my course of action to file the 485 ?

47

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.