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sagar1989

H1B with approved I-140 after maxing our all 6 years

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My H1B 6 year limit ends on Aug, 27th 2020 and i-94 ends on Sep, 6th 2020. I have a PERM filed on April, 2nd. I am planning to go to India on Sep, 3rd if best case scenario(perm+140+ext b4 i94) doesn’t work out. My question is : If i use all 6 years of H1B till Aug, 27 and leave US on Sep, 3rd then lets assume i get i-140 approval after that around mid-Sep. Then, will i be able to file Cap-exempt H1B in 2021 with approved i-140 (assuming visa related holds are released in next year) OR am i supposed to go through lottery since i would have maxed out my 6 years. I know its safer to leave few days ahead rather than maxing out but best case scenario may work out between 6 year visa end date and i-94 end (10 day grace). 

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Yes you can file for 3 year extension after the I 140 is approved. 
Not sure what visa holds are you referring to. The EO does not apply to you, you can apply for the 7th year extension as soon as the I 140 is approved ( and not wait for 2021) and get it stamped when the consulates reopen.
 

 

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If you are lucky, your PERM may get approved sometime in this August month, and  your attorney/employer can immediately file your I-140.  With the I-140 receipt number, you may be able to file H1b extension .... and see how it goes from there. Good Luck

Let us see what other experts advise.

 

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An extension can’t be filed with a I-140 receipt number. The I140 has to be approved to file for a 3 year extension 

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