Will approved I-140 make eligible for H1 outside the cap?

[sings]

Hi All

 

  My green card is still under progress under EB2 category and awaiting for PD to be current(I-140 is already approved).  Currently I am in India and don't have visa to travel back. Am I eligible for H1-B visa filing outside the cap(I am in India for last 3 years)?

 

appreciate your prompt response.

 

Regards

Sanjeeb

[jairichi]

Hi All

 

  My green card is still under progress under EB2 category and awaiting for PD to be current(I-140 is already approved).  Currently I am in India and don't have visa to travel back. Am I eligible for H1-B visa filing outside the cap(I am in India for last 3 years)?

 

appreciate your prompt response.

 

Regards

Sanjeeb

Yes, you are cap exempt based on approved I-140.

[pontevecchio]

Will the EB2 sponsor file a H1 petition for you?

[sings]

Yes  Pontevecchio, the same company will file H1-B. Since they couldn't file under the cap, I wanted to validate if it can still be done outside the cap. Hope this still holds good for me.

 

Thanks Jairichi for your response.

[pontevecchio]

Then you have no problem.

[jairichi]

Yes  Pontevecchio, the same company will file H1-B. Since they couldn't file under the cap, I wanted to validate if it can still be done outside the cap. Hope this still holds good for me.

 

Thanks Jairichi for your response.

As long as you are counted against cap once your future petitions are cap exempt based on approved I-140.