3 days left of H1B before leaving US on 6th year

[H1bdoubts86]

Hello, I am in a bit of a precarious position. I have applied for my I-140 extension in September 2017. My 6 years of H1b visa expired on November 2nd 2017 after recapturing all my time and I left the US on October 30th 2017. I know there were only 3 days left on my H1B, my question is, can I still apply for a H1B cap exempt once my I-140 has been approved or would I go in H1B cap?

[pontevecchio]

If the I-140 is approved, you are eligible for further H1 extensions.

[H1bdoubts86]

Hello Pontevecchio, thank you for the quick response! Did you mean I would be eligible for H1 extension under cap-exempt?

My attorney had mentioned I required to leave a couple of weeks ahead just in case, but I only happened to leave 3 days ahead of my expiration as they had required me to stay back for winding down work in the US.

I really appreciate the quick response once again!