What happens if i-140 gets approved only after H1B maxout?

USA H1B
,
1

I have 1 more year of H1B term left. If I start my GC process now, when will I get my i-140 (filed in premium) approved? If it doesn’t get approved before my maxout, should I leave US and come back immediately once it gets approved? Will I still be allowed to remain as my current company’s employee if I travel back to India

1 Like
2

Hello Sagar,
I don’t understand why people wait till last moment to have their employer start the GC process. PERM is the first step and it takes 8 to 14 months to get PERM approval depending on if it gets selected for audit or not.
Check out the below link.

Yes, you can leave and come back on cap-exempt H1B once your I-140 is approved.

Here are your options…Thanks to @anil_am22 for creating such a rich knowledge base on this forum, undoubtedly one of the best!

That is a question to ask your employer if they have India based operations and can switch you to India payroll.

1 Like
3

Thanks for the reply Kalpesh… As of now, my H1B max-out is July 2022.
Unfortunately, my employer was not allowing me to start GC process until now :frowning:
I understand that this whole process can take almost 15 months to complete, and my current i94 expires on July 2022… Please share your thoughts on the options I’m thinking…

  1. After filing my GC process, If I travel back to India (I will have to go for stamping there) and return to US after 3-4 months, my max-out date will be extended to another 3-4 months correct? Of course my i94 will still expire on July 2022. At that point, is it possible for me do another H1 extension for the remaining 3-4 months? Will this buy me more time to stay in the US and get an approved i-140? Is this a feasible option?

  2. Before my max-out can I get a Canada Work permit, so I can move to Canada after my H1B maxout and do the H1B extension from there once the i-140 gets approved? I’m guessing in this case, once I get extension I will have to go back to India and get my visa stamped, and then travel back to US?

4

Any unused time from the 6 years of H1B can be recaptured including any time you spend outside of the US during your H1B tenure.

This is for you to decide.

Assuming you are in Canada at that point in time you can also go to US consulate in Canada for H1B stamping provided you get an appointment.

1 Like
5

Thanks Kalpesh! Do you have any knowledge about my above quoted question? Does USCIS allow extension for this small period?

6

Extension for short term should not be a problem but the timing will be. For e.g. if the extension is filed when you are in India and assuming you filed with premium processing and got approved in say 20 days. Then you will schedule visa appointment at US consulate in India and by the time you get your visa stamped (which will only be valid till your I797 expiry date), will there be enough time left on your visa to be able to travel and enter the US?

1 Like
7

Like I said in my 1st option, I was thinking of going to India for 3-4 months and return back to US (to increase my max-out date)… Then the plan is to file extension for the remaining 3-4 months while I’m in the US

8

That is a better situation to file such an extension. Make sure you do PP.

1 Like