L1 to H1 once I140 is approved


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I am Indian born Canadian citizen, working in USA on L1B.

My PERM is approved and waiting for I140 approval.


I still have 3 yrs from 5 on L1B, but I over heard that after I140 approval one do not need to go through lottery for H1, I did my research but couldn't find any info. So I guess its wrong but want to confirm the same.



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If you have an H1, it can be extended for 3 years at a time if you have an approved I-140. This can go on until the PD id's current.

Hi JoeF,

What if the H1b holder left US in the 7th year (on first year of 3 year extension based on approved I-140). After 3 years of outside stay, say he decides to come back: can he be back on H1B of a new firm and would that be cap exempt filing?

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