Approved i140 - L1B max out 5 years, H1B approved for 1 year - File H extension?

Hi All

I have below question regarding my US Immigration status

I Stayed in US 2014-2019 on L1B VISA with Employer A who files my GC and i got Approved I-140 in 2016 .
As My L1B Expired max quota of 5 years on 2018 july , I moved out of US as L1B cant extended on I140 Same year I applied 2 H1s from 2 different unrelated employer both got picked and approved !

both approved for 1 year ,I guess that is because by the time H1 to be approved by USCIS I was completed 5 years in US and just moved out of US.
Now i am planing to move to US one of the new employer on H1B Status , Below are the questions need clarifications.

  1. My Cool off period of one year will complete on july 2019 , if I Stay in India till July can I extend new H1 for 6 year ?

  2. As I already have approved I140 from employer A , Do I really need to wait till July to complete 1 year cool off period or I can travel before that considering I can extend new employer H1 based on old employer I140?

  3. Employer A have any rights to revoke my I140 if no fraud or any unethical behavior by employee during company exit ?

  4. I have very good relationship with employer A , unfortunately I have to move out of them as they did not able to get my H1 on time to continue in US . ( Same time I dont want to transfer my new employer H1 to old employer as I wanted to be faithful for new employer to apply my H1 ) question here is can I continue with new employer as long as I want by not applying GC , I mean using old employer I140 and when it become current move back to old employer ?

Please clarify ASAP

You have mentioned that you stayed in US from 2014 - 2019 and then in next line you are saying that you left US in July 2018. These are contradictory statements.

What is the real time that you spent in US?

Have you ever used your approved H1B? Have you ever got the H1B visa stamp?

No sorry it’s till 2018 , I exhausted all 5 years in 2018 July .

Real time spent is exactly 5 years,

I have not used my approved H1B yet , I am planing to go stamping next month in India .


You will first need to use your H1B as early as possible to count yourself against the cap.

Once your H1B is activated, you can file H1B transfer or extension using your approved i140.

My H1 is applied by new employer and applied in new cap not the change of status .

I don’t want to transfer , I will stay with new employer and want to use my old employer i140 for H1 extension.

Could it be doable ?

Approved i140 can be used to file H1B extension.

I did not get the point , why I should use H1B ASAP and what does it mean count against the cap ?

When you file the H1B for the first time, you go through the lottery while filing your application in April.

If you get selected, you are considered selected under H1B CAP.
Once your H1B gets approved after lottery selection, you need to start using it to be considered counted for cap.

Each cap selected H1B get a 6 year quota. As per your information, you only got 1 year because you had used other work visa i.e. L1B for 5 years already.

Thanks for clarifying it , anyhow if I Travel anytime before H1B 6 year cap expires and apply for extension based on my I140 , that should be Okay right ?

If I travel after 1 year cool off period , that’s on July could new H1 extended for 6 year without I140 ?

Yes, you can apply for H1B extension using approved i140 with no 6 year restriction.