I-140 Approved, I-797 Approved - Eligible for stamping?


vp26497

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1.    Sept 2017: Had applied for H1B Extension (Max out Date 9th Feb 2018) and Parallel GC process was running

2.    Feb 8 2018: Left US (Max out was 9th Feb) (First 3 Years on L1B + Last 3 Years on H1B)

3.    April 2018: Got H1B Extension Approval (797 Approved till Dec 2019)

4.    Feb 2019: Got I-140 Approval

 Question is: Am I eligible for stamping now? Due to point# 3 & 4 and also, I spent 1 year outside US. I have used only 3 years of my H1B petition. Can i go for stamping on approved 797 or need to apply for CAP Exempt? If need to apply for cap but I have already approved 797 so what basis, I can apply for CAP?

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