H1B, need info please


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I was on H1B till last year and my extension was denied. I do have Approved I-140. After denial, went to India and came back on H4 visa. Currently, I have H4EAD also. I am planning to apply for H1B and would like to know if it comes under cap exempt or not.

Do I have to file for this April or can I file anytime of the year since I already have an I-140. Please suggest.

Thanks in advance!!

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