If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?


Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from the 1-year extensions after reaching the 6-year limit. (01.Feb.2016)

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