L1B maxout with employer A and initiated i140

Hi Anil,

I came to US with L1B visa (2015 to 2021) from employer A, my 5 years getting maxout by Feb 2021 (Recapture), same employer A have initiated i140 process in mid of the year 2020, no clue when it will be get submitted.

I am planning to move back India shortly as I don’t have any options now.

  1. Am I eligible to apply H1B this year either with same A or different employer or I have to be cooling period ?
  2. If yes, will I be getting 1 year if its approved, as I exhaust 5 year with L1B.
  3. Meanwhile if my i140 goes well and approved, am I eligible to extend my H1 after 6th year

I know it will have more twist and turns but just wanted to check what’s the best option I can get from this scenario


You should be able to get new H1B 6 year term if you have an approved i140.