I 140 Approved and no h1 visa, enter US?

[vasuson]

Hi All
I have an approved i 140 in Feb 2017 and now have to go back and live in India due to family issues.
My H1 is going to expire soon in Mar 2018. I heard that after 180 days of i 140 approval, employer can not revoke my i 140. So i am assuming my i 140 will stay, is this right?
Also say next year when my family issues are solved, can i enter US on my i 140 as my H1 would have been expired? Please suggest.

[inadmissible]

You will need a visa to enter the United States

[vasuson]

Yes i would need a visa to enter US, but on basis of my approved i 140, can some employer file H1 for me? and will it be cap exempted H1b filing i.e. no lottery etc...and then i can re enter US? please advise.

[scientist2016]

Yes i would need a visa to enter US, but on basis of my approved i 140, can some employer file H1 for me? and will it be cap exempted H1b filing i.e. no lottery etc...and then i can re enter US? please advise.

If you have H1 time left over (from the 6 yr. period), you can use the approved I140 to get an extension. These extensions are cap exempt. You can use the cap extension to get visa stamping, and re-enter the US.

[vasuson]

My H1 will expire in Mar 2018 and i think i would be able to come to US only after Jan 2019.
So based on my I 140, can't any employer file my H1 as cap exempted and then i can come to US?

[scientist2016]

My H1 will expire in Mar 2018 and i think i would be able to come to US only after Jan 2019.
So based on my I 140, can't any employer file my H1 as cap exempted and then i can come to US?

Yes, please see my reply above.

[vasuson]

Hi Scientist2016, what is your reply?

[scientist2016]

Hi Scientist2016, what is your reply?

If you have H1 time left over (from the 6 yr. period that you have not used), you can use the approved I140 to get an extension. These extensions are cap exempt. You can use the cap extension to get visa stamping, and re-enter the US. In your case you say, you are going to have ~3 months left.

[vasuson]

So if i use all my 6 yrs of H1b in US, i can not use my i140 to again file the hi1 under cap exempt?

[scientist2016]

So if i use all my 6 yrs of H1b in US, i can not use my i140 to again file the hi1 under cap exempt?

No. Fresh H1B petitions (irrespective of whether you have an approved I140 or not) need to go through the lottery process. This is the reason many people on L1 try to convert to H1 at the end of the L1, since an approved I140 combined with an unexpired H1, potentially confers unlimited extensions until their priority date becomes current. This is also the reason, people leave the US with time still left on their H1s, so that they can come back in a situation like yours.

[jdwasden]

Ac21

After your I140 has been approved for 180 days you can "port" to a new employer without using your approval. But you need to talk to your attorney about this.

[so_sunny]

I have a similar situation:
6yrs on H1B will be complete in Mar-2018. I-140 has been approved for more than 180 days. Extension of H1-B is being filed and I hope to receive an extension of 3 years.

I would like to quit my work and go back to India to take care of some family matters.

Would it be possible to use the 3 year extension that I receive based on the I-140 approval to return to the US (either through the same employer or transferred to a different employer) ?

[scientist2016]

I have a similar situation:
6yrs on H1B will be complete in Mar-2018. I-140 has been approved for more than 180 days. Extension of H1-B is being filed and I hope to receive an extension of 3 years.

I would like to quit my work and go back to India to take care of some family matters.

Would it be possible to use the 3 year extension that I receive based on the I-140 approval to return to the US (either through the same employer or transferred to a different employer) ?

Yes.

[so_sunny]

Yes.

Thank you for your response. I'm not sure if this is a possibility, but will I have to do something to ensure that my H1B extension filed by current employer is not revoked/cancelled by my current employer when I quit ?

I'm just wondering if there is anything that I'll have to do in order to ensure that the H1B extension remains valid and can be used to find a job after 1 year.