Cap Exempt H1B with I140 from India, while extension is inprogress

[siva53]

My Current I94 (h1B) 6 years expired on Nov-10 with unclaimed vacation days and my company filed a extension for claiming 22  vacation days  on OCT-29 which gave work authorization till Dec-2. 

In the mean time, on Nov-16 My I140 is approved - Since the extension petition is pending for approval attorneys confirmed that i cannot file a 3 year extension by being in US. So asked to travel back to india and file a Cap Exempt H1B from India as n when my company is ready beyond Dec-2. 

I travelled to india on Nov-29 leaving just 3 days of work authorization left on my 6years . Can someone suggest if i can file a Cap Exempt H1B using I140 from india while the  previous H1B extension filed on Oct-29 is still pending for Approval.  Also i read on  other sites/forums that we need to have atleast 1-2 week left on 6years quota to make use of that for filing a H1B extension with I140 - is that true? 

 

Thanks in advance.