H1B filing goes in lottery if I-140 is already approved for H4 candidate?

USA H1B Visa
1

I had a quick question -

  • I came to US in 2012,
  • Consumed 6 years of H1 by 2018 November (including recapture time),
  • My PERM was filed by my previous employer in 2017 which got rejected in September 2018.
  • I left the country for 3 months and came back on H4 in 2019 and applied for EAD and you are helping me with extension of EAD (thanks for the help).

I joined a company in Feb’2020 and planning to have a discussion with my company on starting my PERM and I-140. Question here is, If my company starts my PERM and i-140 is approved in (9-10 months) then can they apply for my H1B directly (without lottery) or it has to go to lottery system again?

Just checking so that i can take the right decision as to initiate PERM or not. Your little help on this question is much appreciated.

2

Well, this is slightly grey area…as you do not have H1B status now, not sure how it would work…

If you had H1B status, then you could have used I-140 for future extensions, etc. Because you did not had I-140 approved during your H1B time, it is unclear…

I suggest you talk to an attorney.