H1B extension in 4th year 7 months(No PERM approved still but filed)


MMRa

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H1B extension filed for remaining max time (6years) and I would like to know below scenario. 

1. If H1B extension is not approved(and visa expires), I need to leave the country. Can I use my remaining time(approx. 1 year) for filing new H1B petition with the current employer or new employer without counting in CAP?

2. Would it be possible to file new H1B petition(using 1 year time) as per above scenario mentioned from outside USA with current employer or new employer? Because by the time USCIS make decision 1-94 expires.

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