Fresh H1b based on I 140 Approval

Bala Moorthy

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18 hours ago, Bala Moorthy said:

I am in my 6th year of H1 b with Company A and they filed my extension in Jan. It currently went into RFE "Specialty Occupation". Can Company A or any new Employer file a fresh H1 b based on my I 140 if this gets denied?

Yes.  However, if your I-94 is expired then you will be out of status, and H1 petition will be filed as consular processing, that means you have to travel abroad and get a h1 visa stamp in passport to re-enter the US.

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