H1NSC apply from India when previous H1B is still pending

[Nilesh9999]

Hi,

I traveled back to India after my H1B got maxed out (6 years period) but while leaving my last H1B extension is still pending with USCIS. Since MY PERM was applied and approved while I was in US so I am now cap exempt. I am getting my i140 filed now, so can you let me know whether I need my pending i797 approved for applying new H1NSC post i140 approval?

Thanks