Exit strategy if having approved I140 and wants to return back to US after few years

Hi Anil,

Thanks again for all you do for the community!

My situation-
Have been in the US since 2017. I have an approved I140 and working with the same sponsoring employer (no plans to change and wish to continue with the same in future). I have an approved 797 till July 2023 (1st extension). My old Indian passport has expiry till Jan 2021. I got my new passport in October from Indian embassy which does not have the stamping as per the latest 797.

My query-
I had some urgent personal matter to take care back in India, so was planning to go back in March-April 2021 for few years (3-4 years). And wish to return to the US with the same employer before the PD becomes current.

*I also had in parallel applied for Express Entry and waiting for any results.

I wish to know if you have any articles or recommendation for the exit process (checklist of things to be done) before i exit US so that when i want to return to continue waiting for the GC it will be possible.

How to tackle-

  • settling bank accounts (whether to transfer funds to India and then back to US on return) and how that relates to taxation in both India and US.
  • Latest Visa stamping for new 797, with current climate till March-April Visa appointment issues, should i wait out till that plays out and go and do the stamping? will having a stamped passport help in the longer run.
    *US social security number, any closure needed from my side?
    *Do i need to keep the US phone number active for any documentation purpose?
    *Any formalities from the employer side? i know i need the experience letter for job purposes back home, but any other things/docs needed from their side?

Would love to see any recommendations on this.

Thanks again!

Fellow H1b

Visa stamp in the old passport

You can use the new passport along with the old one (if it has a valid US visa stamp) to enter the USA.

A new visa stamp in the new passport is not required until the old visa stamp expires irrespective of whether the passport has expired or not.

Returning to the US with i140

You can return to the US anytime if your i140 has been approved.

If you have not used up all 6 years of H1B quota, then you can return even without i140.

Bank Account in the USA

You can keep your US bank account active if you plan to return to the US.

Keeping checking and savings account active along with credit cards will help you maintain your credit score. This is one of the most important parts of financial history in the US.

I suggest keeping them active even if you plan to transfer all the money from a US bank account to an Indian account.

Tax in US and India

You will pay tax in the USA only if you fulfill the IRS substantial presence test.

If you are outside the US for more than 6 months, you will most probably fail the presence test and hence will not be required to file a US tax return.

Indian taxation law considers you a tax resident if you have spent 182 days in a financial year in India. So, you will pay tax on any new income there.

SSN number

SSN number is unique and is for a whole life. You should keep it with you in a safe place.

Your identity is attached to your SSN.

Keep US phone Number

Keeping a phone number is your choice. If the number is attached to your bank and credit card accounts, then it’s better to keep it to know of any fraudulent activity alerts.

You can convert it to a service like Google Fi.
(Here’s a referral code to get a $20 credit when you join Google Fi! Redeem it at https://g.co/fi/r/Y852TC).

I have used Google Fi for years and it is quite cheap for roaming. Google Fi internally uses the same network as TMobile or AT&T but gives you a fixed data rate for roaming.

Skill letter

You can get a skill letter from Employer as that would be required to file a PERM application if you plan to return to the US and start Green card process.

That link might be helpful…