Cap exempt H1b Extension after 140 approval

[srijachat]

Hi,

I have completed exactly 2189 days out of total 2190 days (6 years) of my H1b tenure and returned to India. My GC is under process and hopefully I will get 140 approval within couple of months more. 

My question to you is, can apply for H1b extension once I have approved 140? Or do I need to look for fresh H1b (Non cap exempt)? Please help me out with your expert opinion.

Thanks a lot in advance,

Srija

[Zodiac System]

I think you may be able to apply for H1b extension once you have an approved I-140.

 

Let's see what other experts advise.

[adshah84]

Your employer can apply cap exempt petition once I140 is approved.  

[srijachat]

6 hours ago, adshah84 said:

Your employer can apply cap exempt petition once I140 is approved.  

Thank you very much for your response. So employer doesn't need to apply for a fresh H1b once 140 is approved? Just for clarification, in which case a fresh H1b is required?

[gopalakrishnach]

Once 140 is approved H1B will be outside lottery and they will be extensions. No need for fresh H1B in lottery

[adshah84]

On 9/16/2020 at 6:04 AM, srijachat said:

Thank you very much for your response. So employer doesn't need to apply for a fresh H1b once 140 is approved? Just for clarification, in which case a fresh H1b is required?

When you do not have I140 approved and used all 6 years of H1b