Coming back to US on H1b with approved i140 after 6 years

Almost at the end of H1b 2nd year. i140 approved with Company A.

  1. Can I leave US and come back after 5 years again on H1b to work for Company B since I still have 4 years not accounted for from my previous H1b visa ? I understand that PERM must be again initiated.
  2. If not how soon should I have to come to US to be able to use the leftover 4 years and not apply for new H1b visa?
  3. If I can’t use the remaining 4 years, can I apply for new H1b visa with Company B and be cap exempt assuming my i140 is valid still ?

You can apply for cap exempt H1B later anytime in future with approved i140.

You can come back to US anytime to use your remaining H1B 4 years even without i140 preferably in next 6 years.
Law does not say any specific time but it is recommended to come back within the 6 years after your first H1B approval date.

Thanks for your reply Anil.
I have one more question. As mentioned in my previous post, my I140 is still not approved, but instead being filed now.

Few weeks back my Canadian PR got approved and I am waiting for my passport to arrive (shipped it last week) from Canada with my Visa stamped (for the first entry).

Meanwhile my lawyer asked me to provide images of all the stamps in my passport since the last H1 interview, for filing I140 application.

So I just wanted to check if i will have issues having my I140 approved if they see Canadian visa on my passport ?

Whom are you talking about here?

Who will have issues with your Canada PR visa stamp?

And why would anybody have issues at all?

After receiving my passport from Canada, when I send the photocopy of all the stamps in my passport with my I140 application, will USCIS have questions regarding my Canadian Visa(PR) on my passport before approving my I140 application ?

USCIS does not care about non-USA visa or Canada PR.

Thats all I wanted to hear. Thanks man! Appreciate it

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Hi Anil,

When you said “You can apply for cap exempt H1B later anytime in future with approved i140.”, does this also apply if I want to come back and take a managerial position (completely different from the current technical role that I got PERM & I140 approved for) ?
(I am just trying to educate myself about these details. Appreciate your patience)
Thank you!

Nope, the job should be in the same or similar role for what i140 was approved.

i140 porting is only allowed if you are going to work in same kind of job. If you change your profession or duties, then that i140 cannot be used to extend or port your Green card priority date.

Hi Anil,

Can you please tell me if multiple 3-year h1b extension until PD is current, working for different companies (B, C & D) with same approved i140 (with first company A) possible? Even if lets say I work with company B (they don’t file for i140) for 6 years and have to extend twice. I understand that when the PD becomes current I have to hold a valid approved i140 with the current employer to apply for change of status.

Thank you

Yes, you can keep changing job using the same i140 as many times as you wish.

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Hi Experts,

I am on H1B with i140 approved back in 2016 and have used 7 years on H1B based on my approved I140.

I am planning to travel to India for Couple of Years and have following questions:

  1. Can i apply extension from India after couple of years (Out of CAP) based on approved i140?
  2. Is there any limit on number of days one can apply extension within leaving USA? I heard from someone that if we are out of USA, we can’t come Out of CAP and have to go through lottery which means i140 doesn’t carry any value after 365 days out of USA. Is that true?

Hi @gauravarora84

Please read above discussion. Your questions have been answered.