New I140 Rule

[ACN]

An employee exhausted his 6 years of H1B and his I 140 been approved for over 180 days. Having exhausted his 6 year H1B , though eligible for extention , he decides to leave US. If he decide to return to United States after few years , he need an employer who can file H1B for him. The new employer need not to go throught the lottery system, but can file his H1b as extention based on his approved I 140.

 

Is my understanding correct?

 

[shandan]

I believe not, typically you file for an extension before the VISA expiry date, having the VISA expired a few years ago does not seem to be candidate for extension, probably would have to go for a fresh VISA based on the relevant application process then.