H1b extension- After Grace period

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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...




Edited by Sfood
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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....




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

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