I140 Appoved - 7 Years on H1B - Relocation to India and Coming Back to USA

[GauravA1984]

hi All,

 

Need your help for the below situation.

I140 is approved back in 2016.

Currently on 7th year of H1B.

Scenario: Have to go back to India for couple of Years (family Reasons)

The question is, when I have to come back after 2 years:

1. Can I use my existing I140 to apply for Out of Cap H1B (cap exempt)? or will 
2. If the employer revokes the H1B, will it have any impact on me?
3. Can I get a L1A WP after 2 years from same employer, come here in US and retain my I140 date? Or worst case, come on L1A with a new employer and still retain the priority date?

[User099]

1. Yes

2. No

3. I think yes, but I am not 100% sure.

[cyberlord]

1. Yes

2. No

3. Yes

[gopalakrishnach]

Can I use my existing I140 to apply for Out of Cap H1B (cap exempt)? or will --- YES

If the employer revokes the H1B, will it have any impact on me? - You mean you already have an H1B and thinking to move to another employer. Get H1B approved/atleast petitioned. In that case revoke will not have any impact.

Can I get a L1A WP after 2 years from same employer, come here in US and retain my I140 date? Or worst case, come on L1A with a new employer and still retain the priority date?  --- Cannot answer.

[GauravA1984]

I heard from an immigration attorney that as I completed 6 years on H1B and if I am out of USA for more than 365 days, I am ineligible for getting the CAP Exempt H1B.

Per him, I140 only serves the purpose of extension / transfers if you are in USA and waiting for 485 or coming back within 365 days. Anyone having any insight on this?

[GauravA1984]

any update will be much appreciated.

[User099]

You will maintain you PD even if you stay out for 1 year. You can use the I140 for applying for an H1 anytime as cap exempt. Hope I answered your question.