H1b after 140


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Hey guys,

I currently have an H1 approved till Feb 2017. Also have I-140 approved. 

For personal reasons, I may travel out of USA for 1-2 years by which time my H1 petition will be expired.

My question,

1) Since I already have an I140 approved, can my employer/new employer file an H1 extension based on I140 approval and previous petition

or do I need to apply a new H1 in the lottery process.

2) In the mean time if PD becomes current, can I apply for I1485 from outside USA.

3) During the time I will be away from USA , if I have to travel to USA on B1 or other visa for short time, will that be a problem as my GC is in progress.




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Your employer can file an H1 as long as there is an approved I-140.

An I-485 can only be filed if you are in the US in valid status. The I-485 is Adjustment of Status, which requires a valid status.

Outside the US, you can use Consular Processing when the PD becomes current.


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