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i140 Approved - 8 years on H1 - Leaving Contry

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  • i140 Approved - 8 years on H1 - Leaving Contry

    Hi,

    Here is my case :
    - I have approved i140 with company A and currently working for company A in USA
    - I have completed 8 years on H1. I am into my 3rd, 3 year extension on the basis of approved i140.
    - My current extension is set to expire on 31 Dec 2018

    I am planning to leave the USA for about 3 to 4 years. My current employer A dosent have any offshore branch hence I will be working with a different employer B.

    Here are my questions :
    1. If I decide to come back to USA BEFORE 31 Dec 2018, can employer B file for a transfer? or it will have to be fresh H1 with yearly cap?
    2. If I decide to come back to USA AFTER 31 Dec 2018, can employer B file for a transfer? or it will have to be fresh H1 with yearly cap?
    3. Is there way way I can be cap exempt if I want to come to USA as an employee of B

    Thanks in advance!
    Last edited by nickj; 02-26-2017, 04:37 PM.

  • #2
    Originally posted by nickj View Post
    Hi,

    Here is my case :
    - I have approved i140 with company A and currently working for company A in USA
    - I have completed 8 years on H1. I am into my 3rd, 3 year extension on the basis of approved i140.
    - My current extension is set to expire on 31 Dec 2018

    I am planning to leave the USA for about 3 to 4 years. My current employer A dosent have any offshore branch hence I will be working with a different employer B.

    Here are my questions :
    1. If I decide to come back to USA BEFORE 31 Dec 2018, can employer B file for a transfer? or it will have to be fresh H1 with yearly cap?
    2. If I decide to come back to USA AFTER 31 Dec 2018, can employer B file for a transfer? or it will have to be fresh H1 with yearly cap?
    3. Is there way way I can be cap exempt if I want to come to USA as an employee of B

    Thanks in advance!
    The answer is yes to all of your questions. As of Janaury 17th, 2017, your cap will not expire.
    This is purely my opinion and does not constitute legal advice.

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    • #3
      I did not follow your response. Are you saying it doesn't matter when I return and I will always be cap exempt as I have approved i140?

      What is special about "Janaury 17th, 2017"?

      Thanks for your response!

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      • #4
        Guru's .... please help

        Any help is much appreciated..

        Comment


        • #5
          Anyone??? Please help....

          Anyone??? Please help....

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