Travel International on 6th year of H1b and I-140 approved

[Dev4path2usa]

Hi,

 

I am on my 6th year of H1b and would like to travel outside US for an year due to personal reasons, I have my I-140 in process. my questions are:

 

1) Can I come back after one year and continue with my current H1

2) Will I get 6 years of H1 b status again?

3) What happens to my I-140 status if there are no pay stubs generated as I will not be in US.

4) If I don't get H1b, can I come back on H4 and get transferred to original H1 petition?

 

please advise.

[jairichi]

1. Yes, if the H1B petition is valid.

2. If a cap subject H1B petition was filed after you stayed outside US you are eligible for 6 years. Otherwise based on approved I-140 you can get 3 year extensions.

3. I-140 remains active unless employer revokes it.

4. Yes, only with an approved I-140.

[Dev4path2usa]

Thank you very much for your reply.

 

Can you please clarify again,

 

My current H1 is valid and if it is not revoked by my employer when I am outside USA then,

a. will I be able to continue with my Current H1 ?

b. and since I am outside US for one year, will I get 6 more years of H1 irrespective of my I-140 or should I go through H1b quota again?

 

Thanks,

[jairichi]

Thank you very much for your reply.

 

Can you please clarify again,

 

My current H1 is valid and if it is not revoked by my employer when I am outside USA then,

a. will I be able to continue with my Current H1 ?

b. and since I am outside US for one year, will I get 6 more years of H1 irrespective of my I-140 or should I go through H1b quota again?

 

Thanks,

a. Yes.

b. Only if a cap subject H1B petition was filed after you stayed outside US for a year you are eligible for 6 years. If a cap exempt H1B petition is filed based on approved I-140 you are eligible for 3 year extensions.

[pontevecchio]

a. The employer would have revoked the existing H1 and would then file a new non cap H1 when you want to return.

b. To get a new 6 year term the H1 would need to be filed one year after you leave and will be cap subject if you do not have an I-140 as the basis for extensions.