Can cap-exempt H1B extension be applied? Spent 6 years in the USA and current H1B extension denied and I140 is approved

[sumitsingh83]

I have completed 6 years physically in the USA, with no time left to recapture. My current H1B extension got denied. I have to leave the country, but once I leave can my current employer (or another employer) file another cap-exempt (to avoid lottery) H1B extension based on approved I140 while I am outside of USA?

I think the answer to my above question is yes. But I believe I read somewhere that if there is no time left to recapture on current H1B, and applying post-H1B denial for another extension, it might be considered under the cap and would be up for the lottery. Not sure how true it is, I was under the impression that once you have an approved I-140, you are never subjected to cap and have unlimited extensions/chances available until the PD becomes current. 

Any inputs on this would be highly appreciated.

 

[sumitsingh83]

Any inputs on this please? Note that my i-94 is also expired. 

[Ken7]

Yes AC21 allows for extension of H1B based on approved I-140 (provided it's valid and the job exists). You don't need existing time on the H1-B.