Question:
I have approved I-140. My priority date for ‘Application Filling Date’ is current, but priority date for ‘Final Action’ is not current. My H1B visa has been expired since January 2020. I am currently outside the USA.
Based on above facts, Do I qualify for a H1B CAP exempt renewal ? Or must I go through H1B lottery system, starting April 2021, to secure new H1B ?
Answer:
You can try to file and get three year extensions if the dates for final action are not current. I don’t have your information here to provide complete advise as you may qualify based on other things. If someone has an approved I-140, there are other times that they can apply for the H1B besides the time that the visa bulletin shows them as current.
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