Can I come back to US on I-140 or need to go through H1b lottery system?

D

dipan

New Member
My company applied for my GC in EB3 4 years back, and I am on I-140 with approved I-797 till next year.
My H1b was expired few years back.
I will be going back to India for long term.
My question -- If I want to come back in future, will I be cap exempt and don't need to go through H1b lottery process, and the company I will approach can file another H-1B extension petition based on my I-140 or my current H1b is expired, so I will have to rely on H1b lottery to be picked?

I am considering, my GC won't be in place by then, as it was filed in EB3. And also, this asking this question for both option, (a) if my present company would want to hire, (b) if a new company would want to hire me.

Thanks
 
You are eligible for as many H1-B renewals as you need, but with an I-797, why bother? The EAD gives you full work authorization
 
Sorry, just to be clear> Is your I-797 an EAD or merely an I-140 approval. If it isn't an EAD then, yes, you can get H1-B renewals without going through the lottery.
 
My H1-B was expired couple of years back. My I-797 is based on I-140, not on EAD.
I got confused with another post which says "If total six years working in H-1B status are not exhausted, you are cap exempt". I have already stayed over 6 years, so I was wondering, if I will be still eligible for lottery exempt.
Once I have a new company, who is interested to hire me, do they need to file another H-1B extension petition based on my I-140? Just trying to understand process.
 
nelsona said:
Sorry, just to be clear> Is your I-797 an EAD or merely an I-140 approval. If it isn't an EAD then, yes, you can get H1-B renewals without going through the lottery.
Click to expand...
@nelsona - So a person who has fully completed his full 6 years in H1B while in US, applies for 7th year extension based on I-140 approval and gets denied, so left the country for more than 6 years . Now in this case since he is out of the country and with no active visa can he still apply for NEW or TRANSFER the old H1-B visa with CAP EXEMPT or needs to go via the lottery ? Also is there 6 year expiry on visa if not being used from last i94 exit date ?

The below google search and the first article throws some light on the first ar. But still vague!

"Does AC21 Limit Availability Of Post-6th Year H-1B Status To Those Currently Maintaining H-1B Status?"
 
You must log in or register to reply here.
Top