vishalkankatala Posted October 5, 2015 Report Share Posted October 5, 2015 Hello, My company is filing for my green card. Once my i-140 is approved, they said they will extend my h1-b by 3 more years. Currently, I'm in my 5th year. My question is this, If I chose to leave my job and country after that and goto India, can I reuse the unused h1b if I chose to come back latter in the time. I ofcourse assume my company would revoke my i-140 the moment I leave the company. But i'm curious about the h1b extension that I would have got approved. So if I decide to comeback to the country say 5 years latter, does a US company need to file a new h1b going through the cap again? Or can I used the extra 3 years extension that I got earlier and get a cap exemption? Link to comment
jairichi Posted October 6, 2015 Report Share Posted October 6, 2015 Only an approved I-140 gets you 3 year extensions. If at the time of H1B petition adjudication I-140 is revoked you will not get 3 year extensions. Link to comment
vishalkankatala Posted October 9, 2015 Author Report Share Posted October 9, 2015 thanks for the response jairichi. However, I'll wait until I get a 3 year h1b extension and then leave the country. So latter when I want to re enter the country, I'm hoping I can come in using a cap exempt h1b visa for the 3 years. I guess I'm wrong about that though. It doesn't seem right. Link to comment
jairichi Posted October 9, 2015 Report Share Posted October 9, 2015 thanks for the response jairichi. However, I'll wait until I get a 3 year h1b extension and then leave the country. So latter when I want to re enter the country, I'm hoping I can come in using a cap exempt h1b visa for the 3 years. I guess I'm wrong about that though. It doesn't seem right. That 3 year extension will be valid for the 3 years it was approved & not when you use those 3 years. Link to comment
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