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Switching in India with Valid I797 and approved I140

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My Indian employer asked me to head back to India in next week. I have H1B with approved I140.

  1. Can I switch employer in india on the basis my current H1B which is valid till 07/29/2021? My visa stamping has expired. 
  2. What's the implication of being out of status, i.e., I will put down the papers and look for other employer to file my H1B. 

Your response will be much appreciated please.


Best Regards


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If you join a new employer, they will have to file for a new H1 for you. If you leave US, then there will be no questions of being out of status.

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Has it been more than 180 days since your I-140 was approved?

1. Yes, but if you want to come back to USA, you will need to find an employer who is willing to file an H1-B (cap-exempt) in India. If you leave USA, you can only re-enter after getting a new visa stamp. This will either be for an H1 your new employer will be filing or your current employer based on an extension petition.

2. If your H1 gets revoked while you are in USA, you would be out-of-status. If you stay in USA, being out-of-status could land you in troubles in your future visa applications.

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