Reactivate previous H1b based on I140

[chanti99]

I am working with same organization for 13 years.  
I came to USA on H1-B visa in October 2005 and returned toIndia in September 2011 (Total - 5 Years 9 Months). My H1-B petition was valid till November 2011, so I have not consumed around 3 Months of H1-B Visa to max out 6 years.

I stayed in India for 15 months ( Sep’2011 – Dec2012). 
I reentered the United States on L1-B Visa in Dec 2012. 
My company started Green Card processing on L1-B Visa and had an approved PERM and I-140. 
As max out period 5 years on  L1-B visa is Feb’2017 , the company applied for COS (change of status) to H1-B under the FY 2016 H-1B Cap-Subject Petition based on I-140 approval to continue my stay in United States, but my H1-B application is not picked up in lottery.

The question is - Can my organization activate / extend my first H1-B which was not consumed entirely for 6 years based on the I-140 approval ?

[chanti99]

Hi,

 

Can someone please answer to this post?

[pontevecchio]

You are entitled to H1 extensions based on approved I-140. INSIST on the company involving an actual Law Firm say the firm of Murthy or any one else to deal with the matter instead of the company Immigration "team"