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I140 Approved - Taking Long Term Overseas

Discussion in 'General immigration questions' started by Mar2010er, Jun 13, 2017.

  1. Mar2010er

    Mar2010er New Member

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    Hi-
    My I-140 is approved (PD March 2010 EB2I) via my employer. My firm wants me to take an overseas position in Asia for over a year (potentially extended). The location move has a great career progression, however, I don't want to loose my priority date. My current H1B expires in May 2018.

    My question is, I know I could get unlimited H1B extensions based on I140 case. However, is it still true when I move out of the country and come back after say 2 years or would I have to start all over again (facing H1B cap and starting GC process all over again with existing PD).
     
  2. donisback

    donisback Guru

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    you will likely file H1b under cap if you are outside usa for more than a year . so lottery process for H1b and you dont have to start GC again unless you are going to work in the same job, same place and same company. if anything changes you will start GC process again
     
  3. Mar2010er

    Mar2010er New Member

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    Understood, thanks Don
     

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