Should I leave the U.S. at end of 6th year – when my Labor is in progress with my new employer? (I-140 is already approved from old employer.)

Answer

If the I-140 has been approved through the old employer and it hasn’t been revoked, the H1B could be extended on that basis with the current employer. Otherwise, if there is no way to remain in the U.S. (no recapture time, no status through a spouse, etc.) it is often necessary to leave for a while. This important decision, and the available options, should be discussed in a consultation with an attorney. (18.Aug.2014)

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