Can you re-enter US on an H-1B visa extension?
What's the story
Indian professionals who left the United States after their H-1B visa expired may have to re-enter the country for some reason.
The question is whether they can return on an H-1B extension with an approved I-140 petition.
According to immigration rules, it is possible if the employer still wishes to employ them and applies for an extension under the cap-exempt category.
Let's take a look.
Method
Employer's role crucial in H-1B extension process
To note, the process isn't automatic. The employer must file a new petition for extension while the candidate is still overseas.
After approval, a second visa stamp will be required before departure.
This situation is common among Indian professionals who left US without any recapture days (time spent outside US while maintaining H-1B status, essentially extending stay beyond 6-year limit on their H-1B visas).
Despite being eligible to return, many are unsure of their options or remain indecisive about them.
Challenges
Administrative barriers and misconceptions
There are also administrative hurdles as some sponsors are reluctant to redo paperwork.
Others mistakenly believe that the H-1B pathway closes once an employee leaves the country. However, current rules state this isn't true.
With an approved I-140 and a willing employer, continued H-1B employment is possible even after years abroad.