File H1B extension with i140 approved after max out

USA
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1

Hello,

My h1 got maxed out on May 2018 (with all the time recaptured). I came back to India. My employer filed perm after max out and it got certified. Then they filed my i140 and it got approved too. Can I use this i140 approval to apply for cap exempt h1b petition now?

Please let me know.

Thanks!

2

Hi @Sadeesh1986

You can file H1B extension with i140 approved after H1B max out.

3

So the 365 day limit doesn’t matter when i140 is approved right? Once i140 is approved no matter if its not filed 365 days before h1b 6 years, we can still file h1 extension based on i140 after max out right?

4

365 day limit is only for PERM and not i140.

I have explained multiple scenarios for extension with i140 here.

5

Recently my I140 was approved. I’m approaching H1B max out date.
I understand that I can apply for H1B extension with the approved I140.

Questions:

  1. Do I have to travel back to India then apply for cap exempt and then travel back to USA after visa stamping? OR Can I apply for H1B extension while continuing to stay in the US?

  2. Can I apply for H4 and H4-EAD for my spouse along with my H1B extension?

6

Hi…I am in the same boat…can you let me know what is your h1b extension outcome @Sadeesh1986

7

Hi @Sadeesh1986 I have same situation, can you please let me know what happened in your case?

8

Hi @Twitter_Email I have the same situation, can you please let me know what happened in your case?