L1 to H1 based on I-140 Approval


VINNU1

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I came to US on 2004 on L1 through Employer A. In 2008 I got the H1 for 3 years through Employer B, but I didnt use my H1. I went to India on 2009 and came back in 2010 after 1 year gap through Employer A on L1 again.

I tried to extend my earlier expired H1 in June 2012 (Cap for 2013 already got over), but could not do it as my working period crossed 6 Years.

Through an Employer C, I started future employment GC process. My PERM got certified and I-140 got approved.

Can I extend my earlier expired H1 based on the I-140 approval through Employer C? If that is possible, I am trying to change status from L1-H1 and move on to H1.

Please provide your thoughts. Thanks in Advance.

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