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

[Kalpesh_Dalwadi]

@prasad431

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.

180 days after approval, provided your employer has not withdrawn within 180 days.

@prasad431

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 employer’s petition/visa ?

Yes.

[Kamal_Haasan]

Hi, thanks for your comment. I got a question. Was your I140 filed regularly or premium.

[Rohit_Agrawal]

This thread have a lot of amazing info! Thank yo so much for answering all the question. I clarified most of my doubts by referring to the answers provided here. It’d be great if someone could also help me answer one remaining question:

Situation:
I have in the 3rd year of my H1B, have an approved i140 but haven’t yet completed 180 days with the same employer. I want to move back to my home country for some family emergency. My company have an office there and they are willing to put me in that office.

Question:
What if I want to return to US after 2-3 years with the same employer when things at home becomes normal? Can I be on H1B or do I have to switch to L1?

[Kalpesh_Dalwadi]

I-140 is for a future green card job. You company can file L1 or H1B, doesn’t matter.
If you come on H1B, you can get extension beyond 6 years term based on approved I-140.

[Rohit_Agrawal]

@Kalpesh_Dalwadi

is for a future green card job. You company can file L1 or H1B, doesn’t matter.
If you come on H1B, you can get extension beyond 6 years ter

Thanks, Kalpesh. If my employer files for an H1B, would I have to go through the H1B lottery again if I have an approved I-140?

[Kalpesh_Dalwadi]

I already covered that in my response, the answer is no, your extension will be cap-exempt due to approved I-140.