I-140 with expired h1b

Anjain

New Member
I have an approved i140 with a 2017 PD and am working on H1b. However, I am planning to leave USA for a few years and plan to come back when PD becomes current. Is this possible if h1b expires while I am out of country. If I get a new h1b, will i140 be still valid in a few years?
 
An I-140 is not tied to any particular nonimmigrant status. As such, an I-140 will not expire just because your H-1B petition expires.

Note that if you were hoping to use the I-140 in order to remain cap exempt beyond the 6th year of H-1B status, you must proceed to the Immigrant Visa Processing or Adjustment of Status stage within 1 year after your priority date becomes current.
 
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