My 6 years of H1b Expire in 2019. I want to quit my US job and try a startup in India for a year starting Jan 2019. If after one year my startup doesn't flourish and if I find a job in the US can that company just apply for my visa transfer or would I have to go through the lottery again or would it be not at all possible?
Would having H1B visa extension based on approved I-140 make a difference? I ask because I already have an extension till 2021 based on my approved I-140. But a friend of mine is in a similar situation as me and his H1B 6 years expire in 2020, but he doesn't yet have an approved I-140.
A person in India may be sponsored for a cap exempt H1B even if I have been working in India for a year and have some remainder time of the 6 year limit of H1B in the US in H status remaining.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
An H1B petition can be filed by any employer without being subject to the cap If there is remainder time left on the H1B limit of 6 years physically present in the U.S. In addition, H1B status can be extended beyond 6 years based on I-140 approval through any employer if the I-140 petition has not been revoked by the employer within 180 days of approval.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
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