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How to come back after I-140 is approved and current H1B'S 6 years are over?

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  • How to come back after I-140 is approved and current H1B'S 6 years are over?

    I am in US. My employer has applied for my PERM on 04/04/2019. My 6 year max-out is in Aug 12,2019. So, I have only 4 months and a week after applying my PERM to reach my Max-out. Most probably, my PERM won't get approved before my max-out. So, I have to go back to India. Now, my question is , if my PERM gets approved after 7 months, say, in October 2019 when I am in India, and my employer applies for my I-140 after 4 months - So, by Jan 2020, My I-140 will be approved. In this case, how can I come back to US? Do I need to apply for H1B visa again (CAP) as I already compelted my 6 years in US? If I have to apply again, then Do I need to wait for the cooling period of 1 year and then apply for H1B and go through all the process like lottery and stuff all over again?

    Please let me know what would be the best option so that i can come back again to US ASAP.

    One additional info - My wife's H1B is valid till Sep 2020 - Can it be useful someway?

  • #2
    i am not specialist but i think it can be useful


    • #3
      1) Apply for a fresh H1 and go through the lottery.
      2) Yes you would need to wait an year before you apply for the lottery. So you will not be eligible for the April 2020 lottery.
      3) You can come back on H4, but other than that your wife's H1 does not confer you with any special status.
      Just an opinion; Not legal advice.


      • #4
        What steps did you take? with I 140 approved, you were able to apply for H1 B extension without CAP ?