Masses of Indian professionals who departed from the U.S. once their H1B maxed out are in limbo now—even after they received approved I-140. Today’s question of the day they’re struggling with: Is it possible to re-enter the U.S. on an H1B extension?
According to the immigration rules, yes it is. If the I-140 has been approved and the initial U.S. employer still wants to employ, an H1B extension beyond the 6-year limit is allowed under the cap-exempt category.
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But there is a catch. The process is not self-propelled. The employer must actively apply for the extension in a new petition, despite the candidate’s overseas. Upon approval, a second visa stamp will be needed before departure.
This is increasingly a common occurrence for gifted Indian employees who left the U.S. with no recapture days left on their H1B. Although technically eligible to come back, many are uncertain of their options—or stuck by indecision.
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There is an administrative barrier as well: some sponsors do not want to redo the paperwork. Others wrongly assume that after an employee leaves the country, the H1B pathway is closed.
But under current rules, it is not shut. With an approved I-140 and a willing employer, the law allows continued H1B employment, even after several years abroad.
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The problem isn’t policy—it’s attitude. The window is open slightly, but someone has to ask to have it opened.
