I-140 approved after H-1B max out but still in US due to covid situation on B visa. When to apply H-1B?

USA H1B
1

Dear Anil,
I request you to kindly provide your advice and thoughts. My H-1B is maxed out and i am continuing my stay in US due to the current pandemic situation by applying B2 (visitor) visa…

My I-140 got approved recently after the H-1B max-out date. Here are my questions:

  1. When can i apply for H-1B? Can i immediately file the H1 petition?
  2. Should i live outside USA for 1 year to reapply?
  3. Will the new H-1B application be cap exempt (No lottery)?

Kindly let me know. Thanks

2

All your questions have been answered here:

3

Dude your situation is exactly same as my situation. My 140 got approved 3 days after h1b maxout. My attorney suggested COS from B2 to H1 because we are not going anywhere right now anyway. Let me know what your attorney suggests.

1 Like
4

@Anil.Gupta- If I file for H1 do I need to get the visa stamped to activate it? Right now I guess the India, Canada and Mexico embassies are closed. Please confirm. Appreciate your response. Thanks!

5

Hi @Ravi2206

Your question is incomplete. What do you mean by ‘file H1B’?

What’s your current situation?

If you are planning to get first time H1B, then you need to understand the whole process of getting H1B.

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@Anil.Gupta : I am currently in USA, maxed out on H1B. Have applied for COS to B2. Now I have filed I-140 on premium processing. Once I-140 gets approved and when I apply for H-1B, I’d like to know if it needs stamping? I am currently in US and the consulates are closed even if I travel back to India.

7

Hi @Ravi2206

I have answered the solution for the situation where B2 COS is pending after H1B 6 years max out here.

8

Hi Ravi can i know if you had filed H1 being in USA also you had job in hand ? Seems you may have stopped working before Maxout. I am checking as i am in same scenario.

9

Hi, I haven’t filed the H1 yet. Yes, I stopped working before max out…

10

Is your 140 approved ?

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Yes. It’s approved…