Go back to India for a few years with approved I-140

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Aug 29 7 Comments

Hello Blind Community,

My I-140 was approved in 2017. I am a desi with entrepreneurial aspirations. Being on a H1B, I find it very hard to start something of my own or join a startup(risk of visa transfer getting denied).

I am considering moving back to India for a few years to work in startups. If I do this, can I come back to the US and reclaim my priority date? Do I have to go through the H1B lottery again? What are the pros and cons?

How has the experience been for people who have already done gone back?

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TOP 7 Comments
  • Apple €@u082
    If you have an approved I140 then you don’t need to go through H1B lottery again. You can apply out of cap extension when you want to come back to US
    Aug 29 3
    • Bloomberg beetMeiste
      I have the same information as you stated. He’ll have to get H1 through consular processing using the approved I140. But can he do it himself or will he have to find a company that’s willing to employ him and file an H1B for him? After all, H1B is tied to an employer.
      Asking this since I have the same plan in mind
      Aug 29
    • Apple €@u082
      Yes, you need an employer who will sponsor the work permit. Any employer can use the existing approved I140 and apply for out of cap extension. Once the extension is approved, you can go through consular processing for visa stamping and travel back to US
      Aug 29
    • Bloomberg beetMeiste
      Awesome mate! Thanks a ton!
      Aug 29
  • New inmann
    Consult an immigration lawyer. It might depend on how much of H1B time you have used and when you return if the profile of job will be similar to the one your I140 was filed for. But, most important is talk to an immigration attorney since based on my personal experience, there are many nuances and you don't want to take life altering decisions based on only the input of random folks on Blind
    Sep 22 0
  • Zyzyxtech Xyzyz
    There isn’t much risk of H1B denial with working at startups here, unless you are working for a stealth startup without a website, etc.

    Edit: If you still plan to go to India, do consult an attorney first.
    Aug 29 0
  • Amazon max9chars
    Consult with a immigration lawyer.
    Based on what I know, you have to go through H1B lottery again if you are past 6 years on H1B. You can retain your I140 priority date on discretion of USCIS.
    Aug 29 0