If I Have to Leave the U.S., Can I Come Back
 Based on My Approved Labor Certification Application?

Dr. William:

I applied for Labor Certification, but my H-1B 6 year term will expire soon. If I have to leave the U.S., can I come back based on my approved Labor Certification application? Thank you.


It is not sufficient to come back to U.S. only with an approved Labor Certification application, if you have not filed H-1B extension or maintained a valid H-1B status. According to H-1B extension regulation, one can obtain another 1-year H-1B extension, if the Labor Certification application has been pending for at least 365 days, but this may not be your case.









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