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H1-B after 6 yrs with approved I-140

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aceruser

By aceruser
in Immigration (H1b, F1, OPT, EAD etc..)

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aceruser

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Person is in the 7th year of H1-B in the USA with an approved I-140 and visa on the passport is expired (Currently H1-B Extension petition is under process with USCIS). If he leaves to India what are the options for him to come back to the USA on H1-B before or after 365 days of the departure.  
 
Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 before 365 days?

Can he apply for H1-B transfer/extension under cap exempt using the approved I-140 after 365 days? 
 
Should he apply only under fresh quota before or after 365 days?
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