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, if I have to leave USA, is there any possibility to come back again whether I-140 approved or not?
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 now it is expired.
My employer had submitted a request to withdraw my I-140, so now my I-140 is in withdrawn status since 2019.
Have been working with a new employer since I came to India. My question - Can the new employer file for my H1 transfer based on my earlier approved I-140 (now withdrawn). And do I need to go through lottery again to come to US?
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 The withdrawn i140 should not affect it.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.
Thanks a lot Anil for answering my question.
One last thing - I donât have the copy of my approved I-140, I just have the receipt number. Can employer file my H1 just based on receipt number?
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?
i140 approval copy is enough.
My PERM application submitted on 25-Jun-2021. Waiting for decision. My I-94 and 6 years ending on 30-Oct-2021. Is the any cutoff date to leave US to use those remaining days for extending existing H1B VISA max out /cap exemption options once I-140 is approved? If I leave US on last valid date will I still be able to come back on the same H1B VISA after I-140 approval?
@anil_am22
Hi Anil,
My H1B visa stamp is valid until Feb 2022 but I left USA on March 2020.
If I find new employer who can file H1B under cap exempt , should they file for recapture days also or is it just H1B extension since i have i140 approved.
Once new H1B is approved Can i enter USA using existing visa stamp since its still valid until FEB 2022
Thanks in advance
There is no real need for recapture time if your i140 is approved.
You can use existing valid visa stamp in passport to enter the US.
Dear All,
A very interesting topic and thank you for sharing your views⌠Below is my status
I-140 approved in 2009 with PD 2010âŚ
Was on H1B from 2004-2012
Moved back to India from 2012-2021âŚ
Now moved to USA on L1⌠Didnât work out as expected so trying to convert to H1âŚ
Question# 1
Can i apply for H1B (New employer) with the existing I-140⌠I guess i will need to port the I-140
Question #2
If so how long will that take??
Question#3
Since this is a brand new H1B, considering i have a valid active i-140, will i be subjected to the cap?? Or can i apply anytime.
Your help and views are greatly appreciatedâŚ
Thank you
MZ
Assuming your I-140 was tied to Eb2, isnât your PD of 2010 past the final action date.
I thought cap exempt H1b works only until the PD reaches the final action date.
If the above is true, youâd probably have to apply for a CAP enforced brand new H1b.
Disclaimer : Iâm no legal expert, so the above are just my views based on my research. Please donât treat them as legal opinion.
It will be totally at the discretion of USCIS to approve cap-exempt H1B with one year extension if the beneficiary is unable to file AOS within one year of PD becoming current and if there exists valid reason of inability to file AOS.
There is no harm in applying for cap-exempt H1B but talk to your attorney and make sure you provide the timelines and reason of inability to file AOS.
If H1B is approved, ask your employer to immediately initiate your PERM process. You may be able to port your PD and concurrently file for I-140 & 485 once your PERM is approved.
Thank you for the input⌠Sounds like it is in the grey areaâŚ
I have a new employer who is willing to sponsor the h1b, just that they might want me to start working immediately and might not wait until October.
Hence i would like to get a cap exempt H1B with the i140 approval.
Hope this works
Thank you
I thought the final action date is on the green card and has nothing to do with i-140 which is just another step in the GC process⌠Could be wrong thoughâŚ
Any thoughts⌠?
Even Iâm not too sure. I140,they say,has no expiry, but using it for extending the h1b/applying for CAP exempt h1b probably holds good until the PD reaches the final action date. Iâm also wondering how to get this validated.
Could you check with your prospective employerâs attorney on the Action date thing and how, if at all, it might affect the CAP exemption of your H1b?
HI All,
INorder to switch employer after I140 approval, is 180 days after the approval received or we need to be in their payroll for 180 days. My case I have been with the employer but in India, its been a year now since the approval can I switch job in India and travel to USA with new employerâs petition/visa ? please clarify