I-140 approved, got H1B extension, leave country till PD becomes current

[sgeovar]

Hi,

 

   A person got an I-140 and based upon it got 3 years H1B extension.

Can this person leave the country and enter again when PD becomes current and apply for GC ?  Assume that employer is not going to revoke the I140 even though he or she moves out of country.

 

Thanks

 

 

[rahul412]

Yes, but at that time that person should have valid visa to enter into US.

[vishalkankatala]

With an active i-140, someone can file a cap-exempt h1b for you and get you into the country latter I would think.

 

I was having the same doubt. But in my case, I work for an MNC and I'm sure they'll revoke my i-140 the moment I leave the job. So even with the h1-b extension, I would not be able to renter the country latter with a cap-exempt h1b. In your case, you might be able to. 

 

I could be wrong though :(

[skulkarni16]

Yes if the I 140 is not revoked then in that case they can apply for an Immigrant visa when PD becomes current.