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ImmigrantSinger

H1B Extension post 6 years with I-140 approval

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I am currently in year 6 of my  H1B (including recaptured time) with my visa expiring on June 20th. My lawyers have applied for I-140 last month but since premium processing is suspended, we had to apply with normal processing. I don't expect the I-140 approval to come in before my H1B expires. I have applied for change of status to H4 since my spouse also has an H1B visa. I am currently in the USA. I had a few questions about my situation.

1. Once my I-140 approval comes in (after my H1B has expired), my employer's lawyer will apply for H1b extension. Will that be cap exempt?
2. While waiting for change of status (to H4), if I quit my job/take leave of absence, can I recapture the time on H1b when I was not working (if I am still inside the USA) 

Edited by ImmigrantSinger

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1. Yes.

2. Once your I140 is approved, you will not need those unused H1 days. You will get 3 years on the basis of I140. Why do you want to waste your current H1 period by quiting?

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@User099 - Thank you for the quick response. 

Thank you for confirming that the H1B extension will be cap exempt.

RE: " you will not need those unused H1 days." - The language on forums calls out "H1B Extension based on approved I-140" so I was not sure if that implied that you needed to have a valid H1B that would be extended. 

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