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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.

Answer:

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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