I140 approved can a h1b can be filed based on i140


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I went to USA on feb 2009 on L1A through company A and under Eb1 category GC was started and due to personal reasons came back to india on March 2010 and I140 was approved in September 2010.left company A in August 2012 . After March 2010 never travelled to USA till August 2014( travelled to US on l1b through company B).right now i am in USA.I have a h1b visa which was approved in 2008 but never went for stamping.

My questions are

1. H1b which was filed in 2008 is valid now?

2. If h1b is not valid then whether company A can apply h1 b based on approved i140 under cap

exemption ?

3. If h1b can be applied based on approved i140 then only company A can apply or any other company can apply?


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  • 4 weeks later...

Hi jairichi,

Can you explain clearly Because my friends say that my H1 b which was filed in 2008 is expired.

Thanks in advance

Since you had a cap subject H1B petition approved in 2008 and also have an approved I-140 an employer can file a cap exempt H1B petition. On approval you can enter US with a valid H1B visa and I797.


Approved I-140 gives you 3 year H1B extensions. Don't ask your friends. Ask a qualified attorney.

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