I 140, H1 Out of Cap or L1

[sunil.yarragogu]

Hi All - I got my I 140 approved, i never had a H1 till now, i previously traveled on L1B and my last L1B individual extension got rejected. I have my I 140 approved now. So my question is can i go H1 out of cap or L1 B extended based on I 140? just want to mention again, i never had a H1 previously and currently

[scientist2016]

You cannot file for a cap exempt H1 as you do not have a H1. Unlike H1, there is no "L1B extension based on an approved I140". So your options are: If you have exhausted your L1B time, wait outside the US for the appropriate time and file a new L1 or file a fresh H1 during the next application cycle.

[sunil.yarragogu]

You cannot file for a cap exempt H1 as you do not have a H1. Unlike H1, there is no "L1B extension based on an approved I140". So your options are: If you have exhausted your L1B time, wait outside the US for the appropriate time and file a new L1 or file a fresh H1 during the next application cycle.

So i need fresh H1 through cap & lottery?

[scientist2016]

So i need fresh H1 through cap & lottery?

Yes.