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I 140, H1 Out of Cap or L1

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  • I 140, H1 Out of Cap or L1

    Hi All - I got my I 140 approved, i never had a H1 till now, i previously traveled on L1B and my last L1B individual extension got rejected. I have my I 140 approved now. So my question is can i go H1 out of cap or L1 B extended based on I 140? just want to mention again, i never had a H1 previously and currently

  • #2
    You cannot file for a cap exempt H1 as you do not have a H1. Unlike H1, there is no "L1B extension based on an approved I140". So your options are: If you have exhausted your L1B time, wait outside the US for the appropriate time and file a new L1 or file a fresh H1 during the next application cycle.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      You cannot file for a cap exempt H1 as you do not have a H1. Unlike H1, there is no "L1B extension based on an approved I140". So your options are: If you have exhausted your L1B time, wait outside the US for the appropriate time and file a new L1 or file a fresh H1 during the next application cycle.
      So i need fresh H1 through cap & lottery?

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      • #4
        Originally posted by sunil.yarragogu View Post

        So i need fresh H1 through cap & lottery?
        Yes.
        Just an opinion; Not legal advice.

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