H1B Extension - CAP Exemption- H4 COS

[sudhar321]

Hi, 

I got my H1B in Jan 2012 and my current H1B petition expires in Dec 2019. In Oct 2017, I moved to India and I am no longer working for US employer. Between Jan 2012 and Oct 2017, I was outside US for almost 7 months and I have approved I-140.

1. Can my current employer apply for H1B from India after my current petition expires ? Will it be Cap Exempt?

2. Can I travel to US on H4 and apply for H1B from US after my current petition expires ?

3. While my petition is in process, can I travel to US on H4 and apply for COS later on?

Thanks in advance.

[Hema Reddy]

1. Yes, this will be cap exempt

2. Yes, you can

3. Your petition will be approved in consular processing.  Your employer should file another H1B petition with COS.