Filing H1B from India with approved I-140

[sucharitadas2005]

After completing 6 years on H1B (all of it), my husband had to travel back to India. In the meantime just a few days before his exit, his I-140 got approved. He is in India for 6 months now. He continues to work for the same employer. My question is, now when he needs to travel to USA will he be able to apply for cap-exemt H1B?

Please help me get some clarity on my situation.

Thanks and regards
Sucharita

[Askjenny]

After completing 6 years on H1B (all of it), my husband had to travel back to India. In the meantime just a few days before his exit, his I-140 got approved. He is in India for 6 months now. He continues to work for the same employer. My question is, now when he needs to travel to USA will he be able to apply for cap-exemt H1B?

Please help me get some clarity on my situation.

Thanks and regards
Sucharita

Yes if I-140 got approved and if you have just spend 6 month in india, You can apply for H-1B not subject to Cap.