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Travel back with H-1B

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Hello Experts,

After completion of 6 years of H-1B with a Master's Degree and an approved I-140,

  1. 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?
  2. 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)?
  3. and what are the chances of coming on B-1/B-2 during the period of staying in home country?



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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. 

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Thanks Chai. What do you mean by "priority date should NOT be current"?


1. Would that be considered as CAP exempt or not?

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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. 

Edited by Chai

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