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Regarding visa options for me

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  • Regarding visa options for me

    I travelled to US in 2011 on L1B visa. After 3 years my H1B visa was applied in 2014. In 2015 November, my Green Card (GC) application was approved (I-140) under EB2 category. Then I continued extending my H1B visa based on approved I-140. I came back to India in 2019 September and stayed in India until now. I have been working in the same organization since then to till now. My H1B visa expired late 2019.
    1. 2011 till 2014 – L1B Visa (3 Years)
    2. 2014 till 2019 – H1B Visa (5 Years)
    3. Total 8 years in USA

    My questions are:
    1. Can my company now apply a fresh L1-A Visa?
    2. Can my company apply for L1-A Visa based on my approved I-140?
    3. Can I apply for H1-B Visa Renewal (CAP Exempt) based on approved I-140?
    4. Any other options for me?

    Thank you in advance!

  • #2
    You've lost me on the details. I'm guessing you never actually got the green card, just that the I-140 itself was approved (meaning you were on track for it but never got to the priority date or otherwise completed it). At this point in time your prior I-140 is dead. Your company certainly can apply for an L1-A if you are in a position that qualifies you for it. I'm not sure on the dates involved but it looks like your options to reuse your H1B is gone as well. You and your company should talk to an immigration attorney.

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