move out of USA after I140 approved

[sunshineforever]

Hi, My I140 approved approx. an year ago. However I need to travel back to India for 2~3 years for personal reason. My understanding is, after 6months of I140 approval, one can leave the I140 with the company, and safely leave the job and travel outside of USA, with out the fear of employer revoking the gc processing/casuing any kind of harm to the entire gc applicaiton. Is that correct?

1. How long do I have to stay with the company after I-140 approval to safely leave the job?

2. I've some time left on my h1visa. Can I use that h1 visa to reenter USA to work in future?

3. Will my gc application continue safely? Will I still be in line? Will my priority date change for any reason?

[Attorney_17]

Hello,

 

1)      Your employer can withdraw the I-140 for up to 180 days after it is approved. For that reason, it is generally recommended that the employee remain with the employer for that period. Once the 180-day period passes, the employee is free to leave the employer. Keep in mind that the approval of the I-140, alone, does not grant status or work authorization and the employee will still require sponsorship if they wish to remain in the US.

2)      If you are able to find an employer that is willing to sponsor you for H1B, you have the option to use the remainder of your H1B time without being subject to the lottery. However, since you plan to be out of the US for more than one year, you also have the option to enter the lottery process and, if successful, gain six more years of H1B eligibility time.

3)      If your employer does not revoke your I-140, you will be able to retain your priority date, which means that you will keep your “place in line”. However, in order to proceed further in the green card process, the new employer will need to file a new labor certification and I-140, since the only thing you “keep” from your current I-140 is your priority date. Since the I-140 is for a future position, you do not need to be employed with the sponsoring employer or even living in the US prior to the green card being granted. This means that if you decided to return to your previous employer once you come back to the US, your current labor certification and I-140 could still be used, instead of starting over.

 

Before making any decisions, you should speak directly with an experienced US immigration attorney to discuss your specific situation. If you would like to schedule a consultation with one of our attorneys, please use this link: https://www.murthy.com/consultations/