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I-140 approved + 8th year H1B + Out of US for 1+ year => Can I extend my H1B?

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  • I-140 approved + 8th year H1B + Out of US for 1+ year => Can I extend my H1B?

    My situation -

    - I-140 approved with employer A
    - 8th year H1B with 2 additional years left as per visa stamp
    - Left US 1.5 years ago

    Question 1 :
    If I want to come back and start working for another employer, will I be able to use my remaining 2 years? or I have to be in new H1 quota because I lived outside for more than an year?


    Question 2 :
    If I get visitor visa to enter US and interview with companies, will my existing H1B get cancelled at the consulate? If it does, will I lose the possibility of claiming my unused years on H1B?

  • #2
    If I want to come back and start working for another employer, will I be able to use my remaining 2 years? or I have to be in new H1 quota because I lived outside for more than an year?
    >>> It depends on whether your I-140 from your previous employer is still valid. If yes, then any new employer can file a new CAP exempt H1B petition using that I-140. If your previous employer is no longer interested in continuing your GC process or if that I-140 is revoked, then you will have to go through a brand new CAP.

    If I get visitor visa to enter US and interview with companies
    >>> It is illegal to do that. You cannot enter U.S in B1/B2 visa to look for jobs.

    will my existing H1B get cancelled at the consulate?
    >>> It depends on the VO. There are chances that your existing H1B visa gets cancelled when you attend B1/B2 interview.

    If it does, will I lose the possibility of claiming my unused years on H1B?
    >>> You have already used all 6 years in H1B. So there is no unused years. To transfer the H1B to a new employer beyond 6 years, you need a valid I-140. Your previous employer who filed your I-140 can file an extension.
    Not a legal advice. Use of this information is strictly at your own risk.

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