sriramnanduri Posted April 30, 2015 Report Share Posted April 30, 2015 Hello, I will be completing my six years H1b by November 2015. My client (not my employer) wants to file GC for me. Could you please clarify the following? 1. Can my client file perm and I-140 with out me transferring the H1B? 2. If the answer to above is yes and if PERM and I-140 gets approved after me leaving the country what are the options for me to come back? Thanks, Link to comment
jairichi Posted May 1, 2015 Report Share Posted May 1, 2015 1. Yes, as GC is a future petition. 2. You are eligible for cap exempt H1B based on approved I-140. Any employer can file a cap exempt H1B petition and on approval you can enter with a valid H1B visa and I797. Link to comment
sriramnanduri Posted May 1, 2015 Author Report Share Posted May 1, 2015 Thanks a lot for providing the clarifications Jairichi !! That helps a lot. Link to comment
sureshkamal Posted October 8, 2015 Report Share Posted October 8, 2015 Jairichi, Just curious on your note on getting a cap exempt H1-B. Does that mean after 6 years of my initial H1-B, I can come back to US again once I have my PERM and I-140 approved with a cap exempt H1-B visa and need not go through the yearly H1-B lottery or the April filing thing right. Kindly appreciate your inputs on this. Link to comment
jairichi Posted October 8, 2015 Report Share Posted October 8, 2015 Jairichi, Just curious on your note on getting a cap exempt H1-B. Does that mean after 6 years of my initial H1-B, I can come back to US again once I have my PERM and I-140 approved with a cap exempt H1-B visa and need not go through the yearly H1-B lottery or the April filing thing right. Kindly appreciate your inputs on this. Yes, as long as I140 is valid you are cap exempt. Link to comment
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