Question about reviving H1B on I140

[jobanmarwah]

Hi friends,

I will take the first few lines to explain my situation since i didnt find a similar case here on the forum.

I was in the USA from 2006 to 2016. During this time i got an MS and worked for about 8 years for different companies.

My H1B was approved after my OPT and i used all 6 years and then an extension as well based on an approved I 140.

In 2016, i moved to India to pursue further studies. My then existing H1B petition has since expired.

What I would like to know is

1) Can a company file for an H1B extension based on the approved I 140?

2) If this has to be a new application, will i need to go through the lottery again?

 

thanks in advance for your help.

[Neda]

Yes you can get H1 based on your I140, it will be cap exempt.

[adshah84]

1) Yes

2) No need to go through the lottery 

[jobanmarwah]

Thanks a lot folks! Really appreciate your time and response.

[jobanmarwah]

As a follow up, i was able to get my H1 without any issues!!