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I-140 approved - H1B recapture petition pending

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My current H1B expired on October 18th. H1B extension until 1/1/2018 (recapture time) was filed on October 17th. My I-140 is approved today. Do I need to wait until previous extension petition is approved or I can immediately apply for 3 year extension? My lawyer says I need to wait until 6 years are completely over.

Any advice will be greatly appreciated.

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