H1-B unused time recapture and extension under I-140


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Hello there,

I had an H1-B valid till Sep 2014. However, I left US in Mar 2014 to work for the same company in a different country and I am currently on this job. When I left US, I had close to 8 months of unused time on my H1-B. While I was in US, the company also started processing for my GC under EB2. My I-140 was approved recently. I am now looking to come back to the US to take up a job with the same company. I have the following questions for the experts / attorneys here;

1. Can I apply for H1-B anytime now with cap-ex since I have 8 months of unused time? Or do I have to wait till Apr 2017 to apply for H1-B?

2. Once in US, can I extend my H1-B since my I-140 is approved?

3. Once in US, can I apply for EAD for me and my wife (who would be in H4)?

Many thanks,


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