Can I come back to US without getting into H1b, if I am on approved I-140 ?

[bsparks]

Hi,

My I-140 was approved in 2017 in EB3 category. I will be going back to India for long term, i.e. 10 years. I don't think, my PD will be current by that time. But if I want to come back to US at that time, do I have possibility without getting into H1b lottery?

I was reading another post from some user saying, if any employer like to hire me when I am in India, he can file I-129 and as its result I can take my I-797 approval to consulate to get H1b stamped, without getting into H1b lottery? Here I am assuming that my current employer will not support me. My current 797 is valid 2025, after that my current employer will not support to extend it, because I will not be working with him anyway. This looks too easy to me, so I am double checking if this would work this way.

Please suggest.

Thanks

[shaunscott]

Hi,
If you have an approved I-140 petition in the EB3 category, you may be eligible to return to the US and work for a new employer without going through the H-1B lottery, as long as you have not exceeded the maximum period of stay allowed on H-1B status. This is because your approved I-140 petition may make you eligible for H-1B cap exemption. However, in order to return to the US and work for a new employer, you will need to have a job offer from a US employer and the employer will need to file a new H-1B petition on your behalf.