H1-B Extension after H4

[XYZMan]

Hello Members,

1. I used to work as Software Engineer on H1-B from 2003 to Sept 2011 with the H1-B extensions 3 times based on GC process (PERM filed on 2007 and approved in 2010)

2. Unfortunately, my employer did not file I-140. PERM Approval got expired in March 2011 and H1-B got expired on Sep 2011.

3. I have changed my status to H4 based on spouse's H1-B. Now I would like to work on H1-B.

My clarifications:

1. If any employer file for GC PERM and I-140 step by step and after I-140 Approval, Can employer file for H1-B extension based on I-140 Approval without leaving USA ?
2. In case if I-140 Approved and new H1-B or H1-B extension approved, Can I start working for the employer without leaving USA ?

Thanks in advance and I appreciate your quick Inputs/suggestions/comments on above 2 clarifications.

Thanks,
XYZMan

[pontevecchio]

1. Yes

 

2. Yes

 

3. If the approval does not come with COS then leave and come back with the H1 visa.

[XYZMan]

pontevecchio,

 

Thanks for your inputs. I appreciate it.

 

XYZMan