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Re-entry On H-1 Based On Approved I-140 After 2 Years

Discussion in 'AC 21 H-1B Issues' started by tiredofthis, Oct 25, 2015.

  1. tiredofthis

    tiredofthis New Member

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    Here is another question, Ron:

    Do you know if a person leaves the country during their 6th year on H-1b with having Labor approved and I-140 pending.

    Then I -140 gets approved 3 months later, by this time the person is out of the country.

    Can this person, 2 years later, re-enter on a H-1b cap exempt visa SOLELY on the basis of an approved I-140 OR do they re-enter based on remaining time of the initial H-1B OR do they have to stay out until their I-485 is current?
     
  2. Legal Immigrant

    Legal Immigrant Banned

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    If the person has I-140 approved (from any employer), he is cap-exempt. Being said that: A valid H1B stamp would be needed to enter at POE.
     
    pcya likes this.

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