Travel to USA on H4 and filing H1B on out of cap (Labor approved and I140 filed)?

[bsharatb]

I completed my 6 years of stay in US on H1B and currently in India; my GC is in progress, Labor approved and I140 filed in Dec 2014.

My wife is working for another organization and is travelling to US on H1B soon. I wanted to travel with my wife as dependent on H4 and get my H1B extended (out of cap) for an year as my Labor approved and I 140 filed.

 

But the immigration team in my company says that the out of cap H1B extension can be filed when the beneficiary is out side USA only. Is this true?

 

Can I not travel on H4 and get my H1B extension,out of cap, filed in USA itself?

 

Thanks in advance...!!!

[jairichi]

A cap exempt H1B petition based on approved I-140 can be filed while you are in or outside US.

[bsharatb]

Thank you for the quick reponse....!!!

 

My I-140 is not approved yet, filed in Dec 2014, but I hope your response stil holds good with the Labor approved and I-140 filed....??