Left USA and now want back in...

[r2d2]

Last year, I was on year 5 of my H1B, and decided to leave the USA. Prior to coming to this decision, I just had my I-140 approval with my now ex-employer. Now, I want back in to the USA. Had I still been in the USA, this would have been year 6 on H1B (expiry end of September).

Is this even possible? Any help is appreciated.

r2d2

[scientist2016]

You can return to the US, using he remaining 1 yr. of your previous H1, and get subsequent extensions based on your approved I140. However, for that to happen, some employer has to file a H1B petition for you, but that will be cap exempt since you have unused time left from your previous H1.

[r2d2]

@scientist2016: Thanks for your prompt response. I got one very important detail wrong and that is I have completed six years of my H1B. Don't ask me how I got this wrong. It's embarrassing.

Prior to me quitting, and obtaining my I140 approval, my ex-employer filed for an H1B extension... validity from Oct 2016 - Sep 2019.

Does this change anything? Will the H1B filing by a potential employer still be cap-exempt?

Thanks again!

[scientist2016]

If you have completed your 6 yr. quota (and there are not any days left over, say for instance from your trips outside the US during that period, etc.) then it would be hard to get an extension, since for an extension to happen you need to be able to get the status in the first place, and you cannot do that since you have exhausted your quota. However, you can always apply for a fresh H1 during the next cycle, since you would have completed 1 yr. of stay outside the US by that time.

If you have even a few months left over from your previous quota, then you can come in, and file for an extension based on your approved I140.

[r2d2]

OK. Thank you for that. I have a few follow ups:

1. Technically I would complete "one year outside the USA" in January 2018. But I'm guessing I will have to wait till April 2018 next year?...assuming that is when the "next cycle" starts.

2. Will this new petition filed by my future employer be cap-exempt?

3. My wife has a few months left on her H1B 6 year quota. She has her I-140 from her ex-employer X. Say, she joins company Y based on her remaining H1B time, can I apply for H4 and presumably start work immediately? Or would she need her perm approval at company Y prior to me starting work on an H4?

4. Apart from not having to re-file Perm, is there any other advantage to my wife joining her previous employer vis-a-vis our return back to the States? (the one that filed her I-140)