Mr. Posted December 22, 2017 Report Share Posted December 22, 2017 Hello Experts, After completion of 6 years of H-1B with a Master's Degree and an approved I-140, if I leave the country and work in the home country for few years, would I be able to come back with a cap exemption or would that be considered as a new H-1B and should go through the lottery again? in case, if I don't work in home country during this period of stay there but does some business and if my current employer is willing to sponsor me again in the future for a work visa, would I be able to come back to US provided the lottery goes through (if at all)? and what are the chances of coming on B-1/B-2 during the period of staying in home country? Thanks! Link to comment
Chai Posted December 23, 2017 Report Share Posted December 23, 2017 1. Yes, you can come back on H1-B. However, I-140 priority date should NOT be current. 2. Similar answer. I-140 priority date should NOT be current. 3. Less likely to happen as you have shown the intention to migrate to US base on approved I-140. Link to comment
Mr. Posted January 2, 2018 Author Report Share Posted January 2, 2018 Thanks Chai. What do you mean by "priority date should NOT be current"? Also, 1. Would that be considered as CAP exempt or not? Link to comment
Chai Posted January 7, 2018 Report Share Posted January 7, 2018 Assuming you have approved I-140 in EB-2 category with priority date November 22, 2008 (latest visa bulletin). Your employer MUST initiate permanent residency application. You cannot come on H1-B status. If priority date is not current: In order to be considered in cap- exempt, the new H1-B petition must be filed within 365 days from the date you left the US. On the 366th day, you will be under the lottery system. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.