I have 2 variants of my same question.
- In the 6th year of employment, if my employer file PERM and I have not received PERM and so I140 is also not received, So a candidate leave the US after completing the H1B mandated time.
So 6 months after going offshore, If a candidate receive the PERM approval and subsequent I140 approval. Can he file the 3 years Cap exempt H1B application based on the I140 Approval.
- If the PERM and I140 is filed in 7th year (After consuming all 6 years of H1B ). Can he still file he cap exempt H1B from India or in this case since previous H1B is exhausted the candidate needs to file a CAP H1B only and go through the lottery process again.