Almost at the end of H1b 2nd year. i140 approved with Company A.
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.
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?
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.
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.
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:
Can i apply extension from India after couple of years (Out of CAP) based on approved i140?
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?