Hello,
I am in US since 10 years. My H1b was expired 3 years back, but I have approved I-797 based on my I-140.
Now I will be going back to India for long term due to family reasons.
In future, if I ever want to come back, will I need to go through H1b lottery again? Or I will cap exempt from lottery?
I am considering that at that time, it will not be my current company, but I will be asking a new company, if they can process it.
I am getting conflicting answers on this. One set says that “Only if you have not exhausted six years working in H-1B status, you are cap exempt”. I have already been on H1b for more than 6 years.
Another set of answers say that “if company agrees, they can file another H-1B extension petition based on my I-140”.
Please advice.
Thanks
Cap-exempt based on the approved I-140.
As mentioned above approved I-140 beneficiary is eligible for cap-exempt H1B extensions under AC21 so you can find a H1B sponsoring employer in future and they can file cap-exempt petition.
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Thanks for clarification that I will have easy option in future too.
I have nice relationship with manager/director of my current company who files my I-140. When I discussed my leaving with them, they agreed and suggested that if ever I want to come back to US, they will be interested. But depending on, how long I will stay in India, this promise is uncertain. In case, if I want to come back to same company, will process remain same vs some other company, what you suggested?
Same for any employer.
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