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I140 Process - Out of Country/H1b Expire

Discussion in 'Immigrant labor certifications (PERM)' started by ramkumar1, Jan 29, 2012.

  1. sukhbir kaur

    sukhbir kaur New Member

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    Ron - I meant for-profit H1B
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have an approved I-140. You are no longer subject to the six year limit.
     
  3. SrinivasV

    SrinivasV New Member

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    Hi - This appeared to be most appropriate forum for me to post this query.


    My company is requesting to temporarily re-locate to their India entity to support some activity at offshore. So I want to understand on how this temporary re-location to India will impact my overall H1B status as I am currently in my 7th year of H1B.

    Here is my current GC process status : I140 approved on EB2 in 2014 with priority date in 2013.

    Here is my current H1B Visa status : I am in my 7th year of H1B Visa, extension obtained based on approved I140 and is valid until May 2018 & also have H1B Visa stamp in passport valid for same period which I obtained when I last visited India.



    So wanted to understand, how the H1B Visa situation works, if I temporarily re-located to India to my companies India counterpart. So technically I am still with the same company.

    1) From India – Can I travel back to US anytime before May 2018 as I have H1B approval and Visa stamp in passport, as I am still with my I140 sponsoring employer. (OR) Once I go back to India does my employer again have to file a new H1 Visa for me to return to US. If so will this be CAP Exempt.

    2) From India – Can I travel back to US after May 2018 (i.e after current H1B Visa expiry) when my I140 sponsoring employer is applying H1B petition with USCIS on basis of Approved I140. So in this case will this petition be CAP Exempt..



    Thanks in advance, please update me on above queries.

    SKV
     
  4. Santy

    Santy Guru

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    1. New H1 but cap exempt.
    2. Same as point-1.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as you don't stay out more than one year, there is no problem.
     
  6. SrinivasV

    SrinivasV New Member

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    My aplogies for the delay in responding.
    Thank you Ron
    Thank you Santy

    Now I am a bit confused - If I stay over 1 year outside US then will I not be counted under H1B CAP EXEMPT any longer, even with I140 approved and have to go through Annual H1B CAP again. Please clarify.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, with an I-140 approval, you will be cap-exempt.
     
  8. SrinivasV

    SrinivasV New Member

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    Thank you Ron on your prompt response, this forum was very helpful.

    Below is my understanding, please correct me if my understanding is incorrect.
    If I am not staying over a year outside US - I can return back on the same approved Visa & Petition (or) have employer apply for amendment if work location changes.
    But in case, if I am staying over a year outside US - My employer has to file a New H1B CAP Exempt petition with USCIS and will have to wait until approved to return back to US.

    Additional clarification
    - All I am trying to understand is what is the problem that one will encounter, if staying outside US for more than a year & how to overcome the problem - Please help me understand.

    Thanks in advance - Srinivas V.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your understanding is essentially correct, but you need to consult with expert counsel regarding the unique facts and circumstances of your case before you do anything.
     
  10. Mars Singh

    Mars Singh New Member

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    Hi Ron,

    My situation is that my L1 Visa was expired on Nov 28th 2016 and my employed didn't go for L1 Visa extension as I can stay in US till Dec 2018 on I94. Now my employer has just started Green Card processing for me in Feb 2017. My PERM and I140 is still not approved. My question is me and my wife(she is also staying on extended I94) needs to go to India for a family function in June 2017, can we go back to India and then return to US on extended I94(with expired L1 visa). If not what are the options(if any) available to us so as to go to India and return back to US.

    Thanks in advance.
     
  11. Raj pal singh

    Raj pal singh New Member

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    Thanks Ron on your prompt response, this forum was very helpful.

    Below is my understanding, please correct me if my understanding is incorrect.

    My current status is H1-B approved (Until April 2018) and I140 approved (Priority date-22 October 2012) and I have Canadian PR and planning to move there

    If I am staying in Canada over a year work for different company and can i return back on the same approved Visa & Petition (or) have I140 employer apply for amendment if work location changes.
    But in case, if I am staying over a year outside US - My employer has to file a New H1B CAP Exempt petition with USCIS and will have to wait until approved to return back to US.

    Additional clarification - All I am trying to understand is what is the problem that one will encounter, if staying outside US for more than a year & how to overcome the problem -Can i just travel back for a day from Canada to USA and that can keep me Cap exempt

    Thanks in advance - Raj
     
  12. Yogeshda

    Yogeshda New Member

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    Hello Ron,

    I have approved 140 (April 2006) and 485 pending (Aug 2007) - priority date is current (Mar 24, 2005)
    I am fear of 485 denial due to abandonment because of leaving country on AP and returning on L1 with different employer.

    If it is denied, I will be out of status immediately. To keep myself to remain in status, can I do this
    My H1B expired on June 27, 2010. Can I transfer my H1B to new employer (or existing employer with whom I am working on EAD) based on Approved 140?

    Am I exempt from the cap?

    What would your recommendation for this scenario

    Thank you for the help.

    Yogesh
     

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