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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28811
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, My friend has I-140 approved from a company in USA

Customer Question

For Judith
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Greetings Judith,
My friend has I-140 approved from a company in USA and he left that company. His priority date is May 2014. He got an offer from India and he thinks its a very nice lucrative offer.He has his H1B stamped until 2019 January. He wants to take this opportunity as an exercise and after 1 year if he doesnt like to be in India he wants to come back.What are your comments and where are the issues he can face in returning back to USA on H1.His employer who filed his I-140 told him that when the dates become current he will bring him on H1 and file his I-485. He also assured that since the I-140 is approved via him, its very unlikely his H1 to bring him back will be denied.But can my friend also come back on his H1 before the priority dates become current (in case he didn't like his India job)Regards,
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 1 month ago.

Sorry for the delay.

Your friend most certainly is able to return to the US with an approved I-140 on an H1B.

He can choose one of the following H1B options:

1. He can return to the US based on the approved I-140 and not be subject to the lottery and his employer can either let him return on his currently approved petition for the duration of that petition and then have an extension filed for him for 3 years based on the approved 140; or the employer or a new employer can file the petition extension and he can return on the approved 3 year petition extension; or

2. His employer or any other employer may file for him under the lottery and restart his 6 years. This option is senseless since he gets unlimited extensions based on the approved I-140 until his PD is current.

Thanks in advance for positive rating.

Judith

Customer: replied 1 month ago.
Thats correct Judith,But based on the current situation, where H1 extensions etc is becoming tough and Trump government's activities is making H1B holders future unknown. Could you please suggest in that perspective if my friend just want to go to India for 1 or 2 years from now, will it be still safe to come back and current situation will not risk his arrival plans to USA.
Expert:  Judith Ludwic replied 1 month ago.

Honestly, our membership has not received any indication that AC21 will change and that is what we are talking about.

So if you remove the issue of any new H1B but base only on extensions and petitions under AC21, I don't think you will see changes.

I cannot predict what changes will come to 8 CFR 214(2)(h) with regards ***** ***** petitions. But I don't feel AC 21 laws will stay in place. Too much havoc to the big fortune 500 companies if that got knocked out. Big money won't let that happen as they have too many valuable employees on AC21 extensions or petitions based on approved I-140s.

Judith