H1b extension- After Grace period

[Sfood]

Hi,

My husbands grace period ends on jan 31st, 2020. Before that, I94 expires on Jan 14th.  He is on valid h1b extension with approved I140 ( in 2010 ). Did masters in usa, got h1b through the 20,000 quota.

1. Can he file for h1b extension from india after jan 14th ?

2. Is he Cap exempt ? If yes, can he file anytime of the year if he has an offer ? Or should he wait till April 1st ?

Kindly answer...we are in a critical stage. Attending interviews, waiting for results...

Thanks,

Sri

 

Edited December 9, 2019 by Sfood

[JoeF]

His grace period ends when the I-94 expires. It is 60 days OR until I-94 expiration, whichever is shorter. He has to.leave before the I-94 expires.

With an approved I-140 he is cap-exempt.

[Sfood]

Thank you. But if he is unable to file for h1b transfer before 60 days, can he file from india after that ( may be in Feb 2020 or March 2020 ) ?

If so, can he get stamping and come back to usa again in 2 months?

Kindly reply. As he is almost getting 2 offers....

Thanks.

 

 

[JoeF]

3 hours ago, Sfood said:

Thank you. But if he is unable to file for h1b transfer before 60 days, can he file from india after that ( may be in Feb 2020 or March 2020 ) ?

If so, can he get stamping and come back to usa again in 2 months?

Kindly reply. As he is almost getting 2 offers....

Thanks.

 

 

An employer can file an H1 petition even if he is abroad. Once the H1 is approved he can get a new visa stamp.

[Sfood]

Thank you...