Labor approved but on H4 Visa - need help

[ssmnaidu]

Hi,

I was on H1B visa in the year 2011 June and applied for Labor. I got audit in August 2011.

I transferred my visa to H4 in the year January/2012. Now my Labor query got resolved and approved in April 2012.

Am i eligible to apply for I-140 since i am currently in H4 visa?

Is my labor is valid since i transferred to H4? Can i come back to H1 and eligible to apply for I-140?

Please suggest me if any issues.

Appreciate your response.

Have a great day.

Thanks
Sri

[kabkaba]

Your current status has nothing to do with whether your prospective employer can file I-140 for you or not. Remember, I-140 can be filed even if the person is outside the US (Consular processing).

You cannot of course begin working until your status changes to H1 or until you receive the GC.