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
It works!
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 :).
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.
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.
I don’t have a hard copy of I-140. Employer doesn’t give it. Is it mandatory ?
You dont need a hard copy
I thought if you stay outside for a year, you will subject to cap? I'm not sure, please check!
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.
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Not a first hand experience. But it’s possible. (As long as that law doesn’t change)