H1-b to H4 COS is in progress. If quitting the job early will keep in Cap-Exempt incase of future I-140 approval?


Raanchi

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I am completing my 6 years in H1-B on April 28 2021. I have already filed the H1B to H4 COS petition with USCIS based on my spouse's H1-B. My plan is to submit a 2 week notice period in April and quit on my last day of April 28. When I talked about this with some of my friends they were saying that if I quit at the end of March, I can have a chance to be in cap-exempt for H1-B in the future if some other employer is able to file PERM and I-140. They say that the employer can request USCIS for a cap-exempt H1B for 3 years based on the I-140 approval and the unused days from my previous petition.
Could you please let me know is this possible?

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