sachimmi Posted June 3, 2014 Report Share Posted June 3, 2014 I am working with same organization for 11 years. I came to USA on H1-B visa in April’2003 and returned to India in Aug’2008 (Total - 5 Years 4 Months). My H1-B petition was valid till July’2009, so I have not consumed around 10 Months of H1-B Visa to max out 6 years. I stayed in India for 15 months ( Sep’2008 – Nov’2009). I reentered the United States on L1-B Visa in Nov’2009. My company started Green Card processing on L1-B Visa and had an approved PERM and I-140. As max out period 5 years on L1-B visa is Feb’2015 , the company applied for COS (change of status) to H1-B under the FY 2015 H-1B Cap-Subject Petition based on I-140 approval to continue my stay in United States, but my H1-B application is not picked up in lottery. The question is - Can my organization activate / extend my first H1-B which was not consumed entirely for 6 years based on the I-140 approval ? What are the options to continue stay in United States. Thanks a lot for suggestion/expert comments in advance Link to comment
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