Does approved I-140 make someone H1B cap exempt even if they are outside the US?

If an H1B holder who already has gone through the lottery once and is past their 6 years of H1B, can they move out of the US and come back anytime on an H1B visa with their approved I-140 (past 180 days)? Or, do they need to go through the H1B lottery again?

Approved I-140 makes you eligible for AC21 extensions beyond 6 years of H1B term, irrespective of where the I-140 beneficiary is.

1 Like