Need to leave the country after i-140 approval and h1b extension

[vishalkankatala]

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?

[jairichi]

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.

[vishalkankatala]

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.

[jairichi]

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.