Chandukcs Posted July 16, 2019 Report Share Posted July 16, 2019 (edited) I have an approved I-140 with a company A , and I will be completing my 3 years of my original H1B as of Dec 2019. Company A, will be extending my H1B for next 3 years until say- Oct 2022 (Give or take 2 months). I will be completing 180 days, post I-140 approval by this Dec,2019. I have plans to go to my home country in March 2020 , get VISA stamped and come back to US resign with the company and go back to my home country for 2 years for some personal reasons. Company A will withdraw my H1B once I resign . So, if I plan on coming back to US after 2 years- say in March 2021. Can I apply for the job in new company B from my home country-and once I get an offer- Can company B sponsor my H1B under cap exempt using my approval I-140? For company B to sponsor my H1B, should I be in the 3 year H1B extended time frame(that I got from I-140?) or If I plan on coming back to US after 4 years- say in March 2023. Can I apply for the job in new company C from my home country-and once I get an offer- Can company C sponsor my H1B under cap exempt using my approval I-140? Thanks for you help! Edited July 16, 2019 by Chandukcs Quote Link to comment
pontevecchio Posted July 16, 2019 Report Share Posted July 16, 2019 You are entitled to the remainder of your normal 6 year term and then 3 year extensions based on the I-140 approved for more than 6 months. Quote Link to comment
Chandukcs Posted July 17, 2019 Author Report Share Posted July 17, 2019 (edited) I'm sorry. Does it mean I can come back to US in March 2021, once I get an offer from company B(Profit based business)? And that would be a cap exempt H1B. So, no need to go through the lottery or anything and can join the Company B in April or so, back in H1B Visa? Edited July 17, 2019 by Chandukcs Quote Link to comment
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