H1B processing with approved I140


pravinp

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Hi,

Appreciate any help you can provide to clarify my below query. 

I was working in US for company A as a transfer from offshore center. Below are important dates,

1) March-2007 to Nov-2011: L1B (multiple entries and exists during this period but no continuous 1 year outside of US)
2) Nov-2011 to Nov-2012: H1B after my company filed for L1B to H1B visa transfer
3) Nov-2012 to April-2013: approved H1B extension valid from Nov-2012 to May-2015

I resigned from Company A to return to India in April 2013 and had been working for Company B in India since then. Meanwhile, Company A has revoked my H1B petition in Sept 2013. I don't have H1B visa stamped on my passport. 

My GC processing dates are,
1) Category: EB3
2) PERM Filling: Oct-2008. 
3) I140 Approval Date: Sept-2011. The I140 petition still shows as approved in USCIS site that means Company A has not revoked my I-140. 

My questions are,
1) Can I apply for a new cap-exempt H1B from Company B as my I-140 is approved and I have not exhausted my 6 years under the previously approved H1B? 
2) Can Company A (my original employer) apply for cap exempt H1B if I join them back? 

Indeed appreciate your help.

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Additional information, 

 

Total days inside US 1724 (including L1B and H1B stay)
Total Months inside US 57.47 (including L1B and H1B stay)

 

H1B total stay 72 months (6 years * 12 months) while I have stayed in US for 58 months. Am I eligible to get a cap exempt H1B at least with 14 months validity? I hope I can extend that 14 months once I am in US because of GC processing that is underway. 

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