H1 Extension based on Approved I-140 from Outside US


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I am currently UK. I had completed my 6 years on H1B in Jul 2012 and had moved to UK thereafter. Before leaving I had files for Labor under EB2 to category in Apr 2012 followed by I-140 last year from UK under consular processing which got approved.


Also as it been 21 months since I exited US, I have completed the cooling period and I am keen to return to US but my current employer does not have any suitable openings.


My question is, given I have completed the cooling period and have approved I-140, can a employer B file a H1 extension based on the I-140 which I got through my current employer while I am outside US or that's not possible and I will have to get the extension through current employer only and wait for opportunity to return US before I can switch? 

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  • 4 weeks later...

I am interested in this answer too.



But I have another basic question. My perm is pending (filed in 5th year ) and 6th year expired.  If I go out of country, can I still apply I-140 while working outside for a different employer. If so, once approved, can my employer apply for h1b extention using this I-140 approval before the one year period.  Looks like answer is yes fromt he above question. But it wil be great if some one confirms this. Also Will I be counted as part of h1b quota or not

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