Go back to India for a few years with approved I-140
Aug 29, 2019
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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Edit: If you still plan to go to India, do consult an attorney first.
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.