Work VisaSep 14, 2018
Apple🍻🍁❤️🤪g

Approved I-140 and H-1B

Have to leave US shortly for family reasons and I plan to comeback after two years. Curious to know if anyone here on Blind was able to get their 3 year H-1B extension using their approved I-140 petition without having to go through yearly cap. Is this doable. My immigration attorney says I don’t need to go through cap ever again. And any employer can file for H1B extension via I140 portability law irrespective of where I live and how long I’ve been away from US. But I want to know how realistic is it. Has anyone been through this, if so can you share your experience ? Thanks

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Cloudera randomxyz Sep 14, 2018

Not a first hand experience. But it’s possible. (As long as that law doesn’t change)

PayPal Yellostone Sep 14, 2018

It works!

Apple 🍻🍁❤️🤪g OP Sep 14, 2018

Have you been through it ? Can you share your experience ?

PayPal Yellostone Sep 14, 2018

I am in the process! Will update how it goes!

Disney SVP 🤲 Sep 14, 2018

Correct. Many people have done this and is normal. Best way is to ask lawyers in online forums for current upto date trends. Also your current immigration lawyer can answer such questions. You can ask hypothetical questions which don’t imply anything :).

Apple 🍻🍁❤️🤪g OP Sep 14, 2018

Yeah my immigration lawyer says I can do this. But I am hoping to know personal experiences of those who’s gone through it and how feasible is it.

Microsoft bagh🐅 Sep 14, 2018

I had completed 6 year before my i140 was approved, I stayed overseas while my i140 got approved and then my h1b extension was applied and approved.

Apple 🍻🍁❤️🤪g OP Sep 14, 2018

Thank you. Can you share your experience with finding another employer while you’re away, was it tough?. Did you go through a consulting company?

Microsoft bagh🐅 Sep 14, 2018

I didn't change employer.

Microsoft idonnoknow Sep 14, 2018

I don’t have a hard copy of I-140. Employer doesn’t give it. Is it mandatory ?

Autodesk Dpdjd Sep 14, 2018

You dont need a hard copy

Indeed vRhU64 Sep 14, 2018

I thought if you stay outside for a year, you will subject to cap? I'm not sure, please check!

Apple 🍻🍁❤️🤪g OP Sep 14, 2018

You’re not subject to cap if you’re filing for an extension(based on approved I140) or if your employer is cap-exempt.

Cloudera randomxyz Sep 14, 2018

To file extension you need to be with same employer... otherwise it’s transfer

Autodesk Google. Sep 14, 2018

While you are out of country for two years, your h1 might expire meanwhile, if so I don't think you can extend the expired h1 even with approved 140.

Microsoft makdi🕷️ Sep 14, 2018

You can, based on approved i140, it's called ac21.

Autodesk Google. Sep 14, 2018

Wov, thats good to know. Does that work on only for same employer ? Or xfer to other company while out of US works too.