My H1B visa is maxed out. I have an approved PERM. After H1B max out, I changed my status to F2 (I-539). My employer has agreed to file my I140 if I go back to India. My spouse has to stay in US as he’s on OPT.
My questions are:
1. If my I140 is filled or approved, can I travel to US on F2 visa and Leave Without Pay to be with my family?
2. Is there any time limit to file cap exempt H1B based on approved I140?
3. Once 6 months has passed after I140 approval, can I change my employer and file cap-exempt H1B or transfer H1B to the new employer?