H1B Cap-Exemption

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H1B Cap-Exemption

Hi Team,

I have one query regarding my current H1B situation…

I was in US for almost 4 years and have to put my resignation and get back to

India due to some family emergencies. I came back on 1st of this month and my

current i-797 is valid till Dec’17. I want to know what options I do have in

order to retain my H1 status so that in future I can do transfer/refile w/o

falling under Cap limit? The other issue is that my I-140 was also approved and

I am not sure if I would be able to retain my priority date if I get a chance

to refile for my GC.

Asked on May 13, 2017 under Immigration Law, Alaska


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are still on a valid H-1B, you would be able to recapture time to get to your 6 year maximum and then once you find the employer with whom you'd like to stay and who would file a new PERM on your behalf, you would be able to retain the priority date established by the filing of the old I-140.

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