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7th year extension with an expired H1B

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  • 7th year extension with an expired H1B

    Hi yall,

    My H1B 6 year exhaustion was on Oct/15/2021 but I left the US 6 weeks earlier in August. I technically have 6 weeks left on my H1B. My employer refiled my PERM in March of this year (my first PERM filing was denied) and it just got certified and they are filing my i140 in premium processing.

    Would I still be eligible for CAP exempt or do I have to wait for next year's CAP? Could I still file my extension given that I have 6 weeks left on my H1B visa?

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