I-140 approved and 6 years H1B Extension denied

[knowmevisa]

Hi
I recently got H1B renewal got denied for 6 years extension
I have my I- 140 approved and Priority date is May 2011
I am leaving USA soon to India, can I come back to USA from India when my Priority Date becomes current ?
even if it takes 3 or 4 years
can some one please help me to find out the answer

[raghvi]

Hi
I recently got H1B renewal got denied for 6 years extension
I have my I- 140 approved and Priority date is May 2011
I am leaving USA soon to India, can I come back to USA from India when my Priority Date becomes current ?
even if it takes 3 or 4 years
can some one please help me to find out the answer

You can but you would need a valid visa to enter US at that time too.

This is my opinion not legal advice.

[knowmevisa]

Thanks for replying
would also like to know what is the process/is there a way to get visa in that case ?

[raghvi]

Generally one keeps a few weeks remaining rather than exhausting the entire 6 Years of H1. So as and when the I140 gets approved or PERM is pending for more than a year the "un exhausted H1" can be extended by 3 Years or 1 Year respectively. But if you exhaust the entire 6 Years physical stay period you would have to file a new H1 just like you did initially.

This is my opinion not legal advice.

[knowmevisa]

You can but you would need a valid visa to enter US at that time too.

This is my opinion not legal advice.

Hi I am staying in India with my wife, but have approved I-140 in USA
as per the new H4 Rule, can my wife get EAD ?