Complicated situation- H1b recapture pending, I-140 approved


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I have a complicated situation. Here is the sequence of events


Feb 2015-  LCA for Green card was filed.


July 2015 - Employer filed for Extension of H1b to recapture number if days outside USA. The extension was asked until end of Jan 2016


Aug 2015 - 6th year H1b expired 


Nov 2015- I-140 was approved.


Jan 2016 - H1b recapture extension application still pending.


Does 240 days rule apply in this case? will I be out of status End of Jan 2016?


My attorney suggested waiting for the extension application to clear before filing a new one based on approved I-140.


Will USCIS approve my application for extension till end of January after January?

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