I140 Approval- New H1B

[arunprasth]

Hello,

Please help me in understanding following scenario.

I'm currently on L2 EAD which is valid till Nov 2012. I already had H1B which expired on Sep 2011 but i never worked on H1B also it got cancelled when i appeared for L2 Visa In India(since they are issuing L2).

My question is , [B ]If i get GC I140 Approval Can I file H1B without going thru Cap next year[/B]. I did applied H1 this year but unfortunately Cap has been filled. What is the use of I140. Appreciate your help on this!.

Thanks.

[Support_Immi]

Hi,

Answering your first question, as long as you had an H1b approved in the past your are good and you will not fall under the quota and the I140 approved will be for the L1 holder name and not yours.Since, you already had a H1b approval in the past you will be cap exempt.

Pl note i'm not an Attorney, this is just a suggestion. Pl contact your Attorney for further clarification.

[thinkarun]

Thanks a lot. GC will be applied by me only not the L1 holder. I guess anyone can file GC not necessarily with particular visa. Please correct me if I'm wrong.