H4 to H1B with i140 approved

[AVJIT]

My XYZ employer Company applied for Labor PERM on 09-17-2015 and got i 140 approval on 05-10-2016.
My H1 B for 6 years was completed as of date 02-31-2016 so I did my COS from H1 to H4. I am presently living in USA on H4 visa.

XYZ company wants to file for my H1 and work with them. Can my same XYZ employer company apply for H1 as cap exempt considering that I am having a approved i 140 as of date even myself being on H4.

 

Please advise if I can file for H1 visa as cap exempt with approved i 140 and have a COS from H4 to H1.

[pontevecchio]

Yes. Let them file.