H1 extension from India after I140 approved

[tsrinivas82]

My 6 yrs quota of H1b was over in Aug 2011 and Labor got audited. So I came back to India in Aug 2011 and staying in India since then. now my labor is approved after 1 and half years of stay in India. Now my employer is applying for I140. If I140 is approved, then can I apply for H1 extension, so that I will not fall under H1b CAP. Or do I need to apply for Fresh H1b in coming April. If I apply for fresh H1b, then do my I 140 is still valid?
Please advice.

[raghvi]

My 6 yrs quota of H1b was over in Aug 2011 and Labor got audited. So I came back to India in Aug 2011 and staying in India since then. now my labor is approved after 1 and half years of stay in India. Now my employer is applying for I140. If I140 is approved, then can I apply for H1 extension, so that I will not fall under H1b CAP. Or do I need to apply for Fresh H1b in coming April. If I apply for fresh H1b, then do my I 140 is still valid?
Please advice.

Did you exhaust the entire 6 years? If yes then you will have to apply fresh H1.

This is my opinion not legal advice.