If I have approved i140 will I still fall in the annual 85000 H1B visa quota? I heard this is not the case so I wanted to confirm. EDIT: More clarification. If you go out of US and stay in India for sometime and then want to come back to work again will I be subject to h1b cap provided I have i140 approved?
I have exactly same situation, went through the lottery and was lucky to get picked!
Is this post 6 years?
H1B extensions don't fall into any quota.
Is this extension? If yes, then it does not fall into quota/lottery
Correct, but new h1b would need lottery.
Why would anyone with approved I140 need new H1b?
Yes if you apply for a new h1b you need to win the lottery, but once you do win you won't be subject to the cap for extensions
If u have unused h1b from before u left US, u can use that again when u r back without lottery and later follow extensions
Once you have got h1b visa, then you don’t need to go through the lottery again even if exit the country. Exiting the country doesn’t mean your h1b expires, it only expires on the date specified on ur i797. If u leave ur job and go back, then until your company files for withdrawal of your i797 (generally no company does), and updates ur I-9 information on uscis (which takes over 6 months), then only your status becomes inactive (no status). Your stamp decides whether u can enter back to US or not. Any further h1b petitions are considered as extensions/transfers as long as you have not completed the first 6 years on it, and even after that if you were not out of status for at least 12 months. If you have approved i140 then it can only be used to extend beyond 6 years but needs to field again in the new company
What if, you ended up using your 6 years, have i140 approved, get a 3 year xtension. Work for few months, then go/transfer to India for 2 years or so, try to come back later before i797 expries with a different or same employer
Not sure on that. I think whatever anyone says, best is to talk to multiple immigration attorneys and make your own judgement call
According to 8 CFR 214.2(h)(13)(iii)(E), "An alien who currently maintains or previously held H-1B status, who is the beneficiary of an approved immigrant visa petition for classification under section 203(b)(1), (2), or (3) of the Act, and who is eligible to be granted that immigrant status but for application of the per country limitation, is eligible for H-1B status beyond the 6-year limitation under section 214(g)(4) of the Act." As long as the I-140 remains valid and you held H-1B status at some point, you continue to qualify for H-1B extensions until your priority date becomes current, even if you have spent years outside the US. But you should stay with the employer that filed the I-140 for 6 months after approval to ensure that the petition remains valid after you leave. And definitely check what I said with an immigration lawyer before you make any decisions.
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Yes you will be subject to lottery same as anyone else.