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Taking a break from work after approved i140

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  • Taking a break from work after approved i140

    I have an approved i140 on EB2 and my current h1b is expiring in June 2018. I'm planning to take a break from work and go back to India and come back to US to work with a new employer mostly in 2019. What are my options?

    Q: After my current H1B expiry (2 more years left to max out) in June 2018, do I need to go through the lottery with a new employer or are there any possibility for cap exempt AC21 to get 3 years extension with my approved i140 or utilize the remaining 2 yrs from my existing expired H1B?

    thanks much

  • #2
    For getting an extension for your H1, based on the approved I140, you need to have time left on your H1. So if you leave prior to using the complete 6 yrs. on your current H1, you can return, use the remaining H1 time and file an extension based on your approved I140.
    Just an opinion; Not legal advice.