I have an approved I-140 and am in H1B status. However, my H1B extension was just denied, so I will soon be departing the U.S. Do I have any options of returning? Will this impact my I-140?

Answer

An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one’s behalf for consular notification. Assuming it is approved, it should be possible to apply for an H1B visa “stamp,” and then return in H1B status. (07.Aug.2019)

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