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DPBS

Returning back using previously approved I-140

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Hi - 

I’m in the 8th year of my H1B (after I got 3-year extension last year until June 2019).  I will be moving to India permanently due to personal reasons.  Can I come back to USA in future on H1-B without going through fresh H1-B quota limits?  Though no such planning of coming back as of now, I wanted to be aware of this. 
 
Additional details: 
(a) I’ve got my I-140 from my previous employer.   My priority date is Jan 2015. 
(b) My current employer could not initiate GC process due to some layoff happened early this year. 

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First make sure I140 was not revoked. If revoked then you cannot apply for I140 based extensions. If it was not revoked, and if you have project at that time on hand, yes you are cap exempt. Ie. no need to go through new h1b process.

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