H1B with I-140 expiry date

[ry86]

Is there any law that states that if you had fully utilized your initial H1-B for 6 years, have an approved I-140, left US for more than 6 years after that and do not have any current or valid H1-B visa, does your H1b Not subject to cap privilege gets revoked and you come under the lottery again if you need to apply for a new H1 since you have not applied or used the H1B visa within the last 6 years of the the I94 exit date ?

Specifically this comes under the AC21 act.

Form i 129 page 21  section 3g -2:

is seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21)

 

[Zodiac System]

All I know that if you have an I-140, you can seek extension beyond 6 year limit on H1b.  Below is the whole Section 3g of form I-129, page 21 regarding CAP EXEMPT.

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The beneficiary of this petition has been counted against the cap and (1) is applying for the remaining portion of the 6 year period of admission, or (2) is seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21)

Edited February 1 by Zodiac System

[Attorney_22]

This is accurate until the priority date is current. At that time, extensions under the provision may no longer be approved unless you have a pending AOS.