i140 Approved - 8 years on H1 - Leaving Contry

[nickj]

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!

[mindrd]

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.

[nickj]

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!

[nickj]

Guru's .... please help

Any help is much appreciated..

[nickj]

Anyone??? Please help....

Anyone??? Please help....