Filing I-140 with no times left on H1b

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Hi,  If there is no time left on H1b (0 days left; Now-Gap of 5 years stay in India recnetly) with no I-140 filed.

Will officers say that I have to file for I-140 and not deny the H1b? or do the officers deny the H1b visa and deny is on my record?

I located now in India for 5 years. What is best approach, you suggest.

Edited by SupariSharma
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