I have h1b with i140 approved. I may need to move abroad for approximately 3-4 years. Can i come back and not be subjected to the h1b lottery?
Google search shows different opinions, I will soon talk to the Lawyer once i have more clarity about timelines. I just wanted to see if someone went through such a situation to ask some basic questions.
Yes. If your I-140 is approved for more than 180 days, you can use it to extend your H1B beyond the 6 year term and may be treated cap-exempt. Make sure you have the copy of the approval notice for I-140.
Thanks for answering it. Do you have a source or link which i can read on uscis site or h1 renewal or transfer form?
This article says it’s only valid while either of the below twos
- Aplication to Register Permanent Residence OR
- Adjust Status (Form I-485) is pending.
If i move out of USA, while coming back on h1b, i won’t have any i485 pending.
Taken from the article : This provision allows certain employment-based adjustment of status applicants experiencing delays in the employment-based adjustment of status process some flexibility to change jobs or employers while their Application to Register Permanent Residence or Adjust Status (Form I-485) is pending.
This is actually mentioned under the 8 cfr 106(a) & 106(b). Should be in the USCIS policy manual.
If you still have doubts, consult an immigration lawyer.