CAN I COME BACK TO USA now WITH APPROVED I140 but my existing h1b was expired and revoked and currently staying out of US for last 6.5 yrs

[harshakumar]

i had stayed in US for 3.5 years but due to family reason had to leave USA on Nov 2016 and since then staying in India for last 6.5 years.

My qst is i have an approved i-140 (which is not revoked) and now to file new h1 is the CAP (lottery) exempted in my case or should i go with lottery process only as i have stayed out of US for more than 6 years

 

CAN I COME BACK TO USA now WITH APPROVED I140 but my existing h1b was expired and revoked and currently staying out of US for last 6.5 yrs

[pontevecchio]

You are entitled to the remainder option of 2.5 years in total in H1 status.

You can come back in H1 status after an employer files and gets a non-cap H1 filing approved, and you get your H1 visa based on that approval.

 

[Zodiac System]

If you have an employer willing to employ you, he will be able to transfer your previously approved H1b (even though it is revoked by previous employer).  He will need your I-140 too. 

You dont have to get into another lottery.  Good Luck.

Edited March 3, 2023 by Zodiac System

[LeaveMessageH1B]

You need approved H1b transfer/ext based off your i-140