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  • Processing I-140 from India

    Hi,

    I was in L1B for last 5 years in US and I max'd out on August 22 2017, my PERM labor got approved before that, I returned to India on 18th August and my I-140 filing is in progress now. My question is, if my I-140 gets approved in another 3 to 4 months, do I have to wait for 1 year to file for L1B to get back into US? Can I file for a H1 in next cap? Do I have any other option by which I can gain an earlier entry?

    Any information would be much appreciated.


    Thanks in advance.

    Regards,
    Madz

  • #2
    You are not eligible for next year's H1 lottery, since you need to have spent at-least 1 yr. outside the US at the time of petition viz., should have been left the US before April 2017 for 2018 lottery.
    Your next L1B application has got nothing to do with your I140 viz., irrespective of whether it gets accepted or not, you can only apply after at-least 1 yr. past your last stay in the US.
    Just an opinion; Not legal advice.

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