Options to come back to US on approved I-140, after few years

[abhisheks77]

Hi,

I spend 3 years on L-1B and 3 years (ending on 4 months) on H-1B. That means, my all 6 years will be used. My I-140 is approved and I will be applying for H-1B extension next week. After staying in this company for 6 more months, I will go back to India for staying for indefinite time/few years. I would want to come back later following by giving interview in some company and get the job.

1- Assuming that I will have not relations with my present employer at that time, will I keep getting H-1B extension, for whole GC process and I can stay in India ?

2- Whenever I would want to come back, do I need to apply fresh H-1B, get picked in lottery 'or' my current status can reduce some efforts and paper work ?

3- I was reading about counselor processing. Is this best solution, per my situation or any other suggestion ?

Thanks

[scientist2016]

Hi,

I spend 3 years on L-1B and 3 years (ending on 4 months) on H-1B. That means, my all 6 years will be used. My I-140 is approved and I will be applying for H-1B extension next week. After staying in this company for 6 more months, I will go back to India for staying for indefinite time/few years. I would want to come back later following by giving interview in some company and get the job.

1- Assuming that I will have not relations with my present employer at that time, will I keep getting H-1B extension, for whole GC process and I can stay in India ?

2- Whenever I would want to come back, do I need to apply fresh H-1B, get picked in lottery 'or' my current status can reduce some efforts and paper work ?

3- I was reading about counselor processing. Is this best solution, per my situation or any other suggestion ?

Thanks

1. Once you leave the country you no longer have a status, so the question of extension is moot.
2. You would need to go through the lottery if you did not hold a valid H1 status in the past 6 yrs. prior to the date of filing for a fresh visa. I140 and H1 are two completely different processes, and one has no bearing on the other.
3. Yes consular processing would mean you would not need to be present in the US, and would make sense in your case.

BTW for you to be able to get your GC, you would need to have a valid position available to you at the time of getting the GC viz., either the employer who has the accepted I140 should be willing to employ you in that position at that time, or some other employer who is willing to hire you, should have filed and got an I140 petition approved and you have ported your current PD to that petition.

[abhisheks77]

Thanks.

- This made me understand that if I am leaving to India after 6 months, this is giving me only benefit my PD. Otherwise this will not relax anything else. Am I understanding it correct ?

- I missed to do concurrent filing for I-140 and I-485 together, which would have done some better effect (as I read in few posts). Even if I think for option of consular processing and I have 6-8 months to stay more in US, is there any other process I should do before I leave ?