Applying for GC while being on L1B and re-entering to USA after L1B expiration

[SHK1]

As I have read through various articles, one can apply for GC even while working on L1B in USA.

The point is when I am in 4th year of L1B , I started process of Labour Certification, to be followed by I140 application which took more than 5th year of my L1B. So when my I140 will be approved I would have moved out of USA due to L1B expiration.

In such case, once my I140 is approved while I am in India,  can I apply for H1 and will it be considered CAP exempt so that I can enter to USA on H1 Visa without going to CAP process?

Please note I never had H1 Visa at any time. I only had L1B visa and I had utilized 5 years on this VISA.

 

 

[xTDx]

On 9/30/2018 at 11:00 PM, SHK1 said:

In such case, once my I140 is approved while I am in India,  can I apply for H1 and will it be considered CAP exempt so that I can enter to USA on H1 Visa without going to CAP process?

Yes. Once i140 is approved, any employer can file a cap exempt h1b petition on your behalf . L1B or whatever time you have spent on L1B has no significance.

[JoeF]

On 9/30/2018 at 10:00 PM, SHK1 said:

As I have read through various articles, one can apply for GC even while working on L1B in USA.

The point is when I am in 4th year of L1B , I started process of Labour Certification, to be followed by I140 application which took more than 5th year of my L1B. So when my I140 will be approved I would have moved out of USA due to L1B expiration.

In such case, once my I140 is approved while I am in India,  can I apply for H1 and will it be considered CAP exempt so that I can enter to USA on H1 Visa without going to CAP process?

Please note I never had H1 Visa at any time. I only had L1B visa and I had utilized 5 years on this VISA.

 

 

No, you can't get a cap-exempt H1. That would require that you had an H1 before. The I-140 rule only allows for unlimited H1 extensions, not for getting a new H1 outside of the cap.