Question: I was on H1B for 8 years before my H1B extension was denied. I have an approved I140 from a previous employer. My I94 expired in Oct 2017, and I am currently in India since July 2018. If an employer files for a new H1B for me, will I be cap exempt and do I have to wait until Oct 2019 before I can join the employer in US?
Answer: You are able to use the I 140 to extend the status. You don’t have to go back into the new cap filings for FY 2020.
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