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Hi,
I need to know if I am eligible for H1 out of cap filing given the below situation:
1. Had H1B from October 2007 till October 2015 with company A.
2. Company A also filed for GC in EB3 and have an approved I-140 with priority date of June 2014
3. In October 2015, got converted H4 due to voluntary resignation from job.
4. Joined company A again in Nov 2017 on H4-EAD
5. Below are my US stay details:
Entry Exit Visa
7-Oct-07 4-Apr-08 H1
4-May-08 27-Nov-09 H1
21-Dec-09 16-Apr-11 H1
7-May-11 4-Sep-13 H1
26-Oct-13 15-Mar-16 H1 / H4 (filed COS on 10/19/2015)
28-Apr-16 till date H4
6. Haven't stayed out of US for more than 6 weeks ever.
Company A is willing to consider filing my H1 again but they are saying I am not eligible for Out of Cap and it would have to be a new H1 if the old H1 wasn't stamped. My old H1 stamping was valid Dec 2013 and was getting extension based on I-140 till I got converted to H4.
Can I get some guidance if this is really true and is there a way to convince my immigration team that I am still eligible for OOC filing and getting extension based on approved I-140.
I need to know if I am eligible for H1 out of cap filing given the below situation:
1. Had H1B from October 2007 till October 2015 with company A.
2. Company A also filed for GC in EB3 and have an approved I-140 with priority date of June 2014
3. In October 2015, got converted H4 due to voluntary resignation from job.
4. Joined company A again in Nov 2017 on H4-EAD
5. Below are my US stay details:
Entry Exit Visa
7-Oct-07 4-Apr-08 H1
4-May-08 27-Nov-09 H1
21-Dec-09 16-Apr-11 H1
7-May-11 4-Sep-13 H1
26-Oct-13 15-Mar-16 H1 / H4 (filed COS on 10/19/2015)
28-Apr-16 till date H4
6. Haven't stayed out of US for more than 6 weeks ever.
Company A is willing to consider filing my H1 again but they are saying I am not eligible for Out of Cap and it would have to be a new H1 if the old H1 wasn't stamped. My old H1 stamping was valid Dec 2013 and was getting extension based on I-140 till I got converted to H4.
Can I get some guidance if this is really true and is there a way to convince my immigration team that I am still eligible for OOC filing and getting extension based on approved I-140.
