Can I Leave US with Approved I-140 and Return on H-1B Status?

If you have an approved I-140 petition but your priority date is not current, you might wonder if you can leave the United States 🇺🇸 for a long period and later return to resume your H-1B status. This practical guide will help you understand the rules, eligibility, and steps you need to follow to avoid problems with your immigration status. By the end, you’ll know how to safely travel, what documents to keep ready, and how to plan your next steps while waiting for your green card process to move forward.

What You Will Accomplish with This Guide

• Understand if and how you can leave the United States 🇺🇸 and return while your I-140 is approved but your priority date is not current
• Learn the eligibility rules and requirements for resuming H-1B status after travel
• Follow a clear, step-by-step process to prepare for travel and re-entry
• Know which documents you need and where to find official forms
• Get tips on avoiding common mistakes that could affect your status
• Find out what to do next while waiting for your priority date

Eligibility Requirements

Before you make any travel plans, check these requirements to make sure you can return and resume your H-1B status:

• You must have an approved I-140 petition. This means your employer’s petition for your green card has been accepted by USCIS, but your priority date (your place in line for a green card) is not current yet.
• You must have a valid H-1B petition and visa stamp. Your H-1B petition (filed by your employer) must still be valid, and you need a current H-1B visa stamp in your passport to re-enter the United States 🇺🇸.
• Your employer must continue to support your H-1B status. If your employer withdraws your H-1B petition or you lose your job, you may not be able to return in H-1B status.
• You must not have exceeded the maximum H-1B time limit. Most people can stay in H-1B status for up to six years, but there are exceptions if you have an approved I-140 and your priority date is not current.

Step-by-Step Process for Leaving and Returning

1. Check Your H-1B Petition Validity
   • Before you leave, confirm with your employer and review your approval notice (Form I-797) to make sure your H-1B petition is still valid for the time you plan to be away.

1. Make Sure Your H-1B Visa Stamp Is Valid
   • Look at the visa stamp in your passport. If it will expire before you return, you must apply for a new H-1B visa at a U.S. consulate or embassy abroad. You can find more information about H-1B visas on the U.S. Department of State website.
2. Keep Important Documents Ready
   • Bring these documents when you travel:
     • Your valid passport
     • Your current H-1B visa stamp
     • Your H-1B approval notice (Form I-797) (official link)
     • A copy of your approved I-140 notice (official link)
     • Recent pay stubs or employment verification letter from your employer
3. Monitor Your Priority Date
   • Check the monthly Visa Bulletin to see if your priority date becomes current. You cannot file for a green card (Form I-485) until your priority date is current.
4. Stay in Touch with Your Employer
   • Make sure your employer knows your travel plans and continues to support your H-1B status. If your employer withdraws your petition while you are abroad, you may not be able to return.
5. Apply for a New Visa Stamp if Needed
   • If your H-1B visa stamp expires while you are outside the United States 🇺🇸, you must apply for a new one at a U.S. consulate before returning. Bring all supporting documents to your visa interview.
6. Re-enter the United States 🇺🇸 in H-1B Status
   • At the port of entry, show your valid H-1B visa, passport, and supporting documents. Be ready to answer questions about your job and your plans.

Required Documents

• Valid passport
• H-1B visa stamp (in your passport)
• H-1B approval notice (Form I-797) – Find the official form here
• Approved I-140 notice – Find the official form here
• Recent pay stubs or employment letter
• Copy of your most recent H-1B petition

Timelines and Costs

• H-1B status is usually valid for up to six years. If you have an approved I-140 and your priority date is not current, you may be able to extend your H-1B status beyond six years.
• Visa stamp processing times at U.S. consulates can vary from a few days to several weeks. Plan ahead and check the consulate’s website for current wait times.
• Costs include visa application fees (usually around $190 for H-1B), travel costs, and any legal fees if you use an attorney.

Common Pitfalls to Avoid

• Letting your H-1B petition expire: If your petition expires while you are outside the United States 🇺🇸, you cannot return in H-1B status until a new petition is approved.
• Not having a valid visa stamp: You must have a valid H-1B visa in your passport to re-enter. If it expires, you must get a new one before returning.
• Employer withdrawal: If your employer withdraws your H-1B petition or I-140 while you are abroad, you may lose your ability to return.
• Not checking the Visa Bulletin: If your priority date becomes current while you are abroad, you may need to act quickly to file your adjustment of status or consular processing.
• Missing documents: Always carry all required documents when traveling. Missing paperwork can cause delays or denial at the port of entry.

Recent Regulatory Updates

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) issued a final rule effective January 17, 2025, that modernizes the H-1B program. This rule keeps the dual intent feature of H-1B, meaning you can have an approved I-140 and still travel or work in H-1B status. According to analysis by VisaVerge.com, these updates do not change your ability to leave and return to the United States 🇺🇸 in H-1B status while waiting for your priority date.

Next Steps

• Stay informed: Regularly check the USCIS H-1B page for updates.
• Keep communication open: Stay in touch with your employer and, if needed, consult an immigration attorney.
• Prepare for adjustment: When your priority date becomes current, be ready to file Form I-485 (Adjustment of Status) if you are in the United States 🇺🇸, or start consular processing if you are abroad.

By following these steps and keeping your documents and status up to date, you can safely leave and return to the United States 🇺🇸 while your I-140 is approved and your priority date is not current. Always plan ahead and check official sources for the latest information.