QUESTION
Can I come back to US on approved I-140, without going into H1b lottery system?
Asked on Apr 27th, 2023 on Immigration - Washington
More details to this question:
I have approved I-797 based on I-140 since past 6 years, on H1b. My H1b was expired 3 years back and my full 6 years on H1b were exhausted. I am going back to India for long term. My question is related to come back options. - I don't know, if my present company will have open position at the time, when I would want to come back from India to US. But if I see a new company have suitable position, will I need to go through H1b lottery process again or will I be cap exempt and don't need to go through H1b lottery process, and the company I will approach can file another H-1B extension petition based on my I-140. Thanks
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Assuming that the I-140 petition was not timely revoked by the petitioning company and it is not later automatically revoked by visa availability having been reached, you should not have to go through the H-1B selection process again if you decide to rejoin your company or to move on to another company under a new H-1B petition. The company that you approach should be able to file another H-1B extension petition based upon your approved I-140. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 21st, 2023 at 1:27 PM